Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1885-02-06
Eeuul nntirs%.
AMOS X. MEgKER and others Chittend,
vs.. County. Ap

vs.. County. April
GEORGE WHITTEMORE ! Term 1856
IN CHASCERY.
whereas Amos Mcckcr and Laura 4 Meek
or, of MORA, New York Eugene Wiibcr of
East Saginaw. Michigan Edgar =. Scott and
Amanda NJ scott Of WoodSt1wn and AleXan-
nclia Crockett, Henry C. Hodges, and Charles
e. Hodges, Of detroit, Michigan; Barney
whitney and Jane \. Whitney of Ogdcns-
burg, New York william X. Hodges of It.
Louis, Missouri Orange Barnes and Amanda
NJ. Barnes of Geneva, New York, hay" th.
day filed in the Jerks Office OF !hc Court Of
Chanccry within and for said Chttcndcn
County their Bin Of Complaint against George
Whit cmorc of Fremont Michigan, setting
forth, in substance. that said Laura a. Mcckcr,
Amanda n. Scott, Alexander =. Hodges,
Cornela Crockett, Henry c. Hodges, Charles
children OF Clhrissa Hodges late of shelby,
ONO deceased, II sister of Timothy y. Phelps,
late ol Milton, vermont, deceased that said
Eugene Wilhrr Jane A. Whitney and -nun-
ia NJ BARNES are the chdIrnut Orpha Wilder,
li4te or Lawrence New York, who was
daughter of said Clari>sa Hodges and was liv-
ing at the making of the last VIII and tesla
mcnt of the -tid Timothy =. Phelps in SAID
bill set forth That Edgar :. Scott and
Amanda VI. Scott are husband ana wife and
We're lawfully married at said Milton october
goth, lSi4 that said Orange Barnes and Amau-
da NJ. Barnes are husband and wife and .wcrc
| lawfully married At said Lawrence, y. Y.
December 81, -; that said Alno, bicckcr and
and were lawfully married at said Mil
ton june a. 80. i'm hn.d further sett,ng
] ltIIn III Stll bII OF tbIl1alHt. tldl
| on or about the day OF August. 1904, said
. Timothy =. Phelps died at sand Milton in said
County 81 thittcndCu. leaving last will and
testament, which Afterwards was duly proved
ana allowed ~ ms last will and testament hc-
fore the Probate court for the District OF
Chittcudcr. Vermont and from sand allow
anCc no appeal was taken. That in and 10y
suld Will it Wis PROVIDED among other things,
that thu Just debt. and funeral charges of the
said tc>tator should FIRST he paid out of his per
sonul estate And that all said tcstatOrs SAID
Just debts and funeral charges wer"afterwarus
fully paid and discharged by his executor out
OF the personal cstat" 81 sand testutor. Ihat
i'll and toy said last will and testament said
Timothy. among other things, gave to said
children of said Clurssa Hodges, and to their
representatives., 1t dcct used, the sum OF $500
- payable at the dcceuSc OF said CmriSsu.
which payment was then ana there hy SAID
will made charge upon that part Of said tCs-
tatOr'S home farm situate III SAID Milton. ana
! Of which he was then and there and at the
time of his dcccu-e. seized ana possessed ~ of
his own proper estate. And that said teStatur
10y his said last will gave to Jan" NIlhcr 500
annually, during her lite. and at her dcccase
$1,000 to hcr heirs, II she should haNc any born
in lawful wedIOck, which said annuity and
i legacy were made charges upon said land and
{ were To hc paid hy sand George Nnittrmore,
or tine legal owner or occupant OF SAID part
Of said home farm 50 changed with sad pay
! mcnt-. And sand tcstatpr, in and hN his said
] will. gave to Annie Whttcmorc a like sum of
: SiOJ annually during her life. and Il like
I sum of lG6l at her dr,ca>c to her heirs if
she should have cnitdrru born in lawful we'd
lock, which SAID annuity and Legacy were made
. charges upon said land. and W,i" t" bc paid
oruccupant Of that part Of said hong farm
, 50 charged with the payment thereof. And
said tcNtat9r, in ana 10y his said last viii and
testament bCqu"uthCd to George WhittCmOrc,
the defendant, now of Fremont. TuSCOld
County, Michcgan, among other things all
that part Of said tCStiltUr'S home farm situate
in said Miitun, together with ul tine personal
property thereon. during his life, subject 10
the said several charF"s and payments al sand
S}.3UN to said children of said tlarisSa. and
s tutncir repre- cnt"tlNcS. if deceased, and the
e payments of said several unnuties to sand
d Jane Wiibcr ana Ami" Whttcmorc respective
ly, and said ic2,scic> To tn" respective heirs OF
/. SAID Jane and Annie, aS aforesaid. And that
II said George Whittcmur" did. then and there
upon the proving >;tid VIII, accept sald hcqutst
l. upon the terms and conditions thereof ana
II promised in consideration thereof, faithfully
e To fulfil and perform said conditions OH his
r part to Toe performed. and all Of said Uuudl-
j. tiOus And said NhlttcmOrc did enter into
m the possession Of said bruiCathcd estate and
Il enjoy the benefit and profits thereof, and
n afterwards sold and conveyed. 10y good and
is sufficient decd to one Eli iarnum of said Nil
= ton. his interest. right ami title in and to one
II Undivided man OF StId ptrt 81 sh!d h9n' farm
D. - situate in said Milton. Amt that the dttcn
iant SIN owns AnG retains IL, iHH ri&hli tl,i'
D. and interest i'm and To the remaining uudiNd-
e ed malt thereof So Ncgucuthrd to him in and
ii 10y said will it, .torcsHId. Ard further setting
forth that said tlarl>~L iiUGEc> died at .ShtI-
i'd 10y, Ohio April Ii, lNs3, and that the defendant
has ever sine" neglected and refused und still
docs neglect and refuse to pay said S33Ou to
=, stntutINcs, or any part thereof, though often
- requested So to dc, and that the whole OF said
~ o. Slu Rill>Sa sun rtllHIl>, uHPHl,I. -NhN
IN further setting forth that the dot"ndautt ON
~ hin.rg and contcdcrutiug with dive rs persons
III present unknown to the orators, hut whose
names when discovered they pray may be IN
u: serted in said bill of complaint, with APP
40 words to charge them, docs pretend ana give
out in speeches that the orators are not "ntl'
Il tied To said legacy ami That all ana singular
- the statements cont aimed in said hil of com
49, plaint are untrue. Whereas, the orator.
charge that all Of said statements are true. Al
~ of which aCtiugS, doIIgS and prctcnccs ol
trurN to equity and tend to the manifest m
% jerry of the orators. Ana fOrasnurh AZ the
- orators are remedies 10y the strict rules OF
=. law ami cannot nave any rc.ltt ia the prem
80 scs hut in u court OF equity, wh"r" matters 81
+ this nature are cogniZau!c, and 10 the END tina
the defendant ANA his cuntcdcltttcs tWhcn dis
covered may upon their oath true, full An'
perfect answers make, I" all and singular The
matters and things aforesaid, rs fully and par
tiCularly as if the same were in SAID I'M re-
pcatcd, and they thcrcunto particularly IN
tcrrOgatcd, according to tn" best OF their re-
SpcCtlNc knowledge, information ana btIlcl
- And that said defendant may answer the prem
iSt~ and that he may hc dcCrCCd to pay I'M
4 orators and uratriNc> or to the clerk OF san
\ court the said sum So due to them uuuer sa'
= will and to grow due, with all interest accrue
and accruing thereon, forthwith and that u
default thereof the said defendant and al
nd persons claiming under HIM shall Ice lore
m closed and forever barred from all equity @
Tor redemption in the premises. And it appear
lily ing that said George W hittcmorc resides AN
co. is ont of the State of Vermont SO that serN lc
of II Suhpmnu cannot he made upon MN
1t is ordered. that the above named defend
. ant Ice notified to appear before the court q
Chnnccry, for said County OF Ehltttndeh, a
the term next to hc held at burlington in sal
County on the first Tuesday of April lHS5 d
publishing this order three weeks successlN,
\ " in the Burlington FRER Press, the last ,
which publications shall ht M least INVENT
4 days previous To said term of said court
Dated nj Burlington, in said County, tn
oW &}rd day OF January, $50.
a. ALEXANDER p, HODGES, solicitor. ,,..,.