Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1885-02-13

ANUS W. mEbk bR ana OtlCrS / inittpn1p
GEORGE WnITrEMoRE. Term ISIS. -"
IN CHANCERY.
whereas, Amos Mccker and Laura A. Meek
or, of Mcfl, New York Eugene Wilbcr of
East Saginaw. Michigan Edgar T. scott and
Amanda NJ scott of Woodst6wn and AiGSnn-
der p. Hodges, of Wcsthcld, New Jersey; Cor
nclia Crockett, Henry &. Hodges, aud Charles
whitney and Jane \. whitney Of Ogdens-
burg, New York; William K. Hodges of st.
NJ. Barnes of Geneva, New York, have this
day filed in the Clerks Office of he Court of
thnncrrN within and tor said Chittenden
county their lilll of Complaint against George
W mt cmorc of Fremont Michigan, setting
lnrth, in substance, that said Laura A. Mcckcr,
Amanda NJ. scott, Alexander p. Hodges,
r. Hodges and William X. Hodge. are the
cmidren of 'mrisSa Hodges late of Shelby,
'nlo' deceased, Il sister of Timothy p. Phelps.
late Of Milton, Vermont. dccci. cd that said
Eugene WILDER, Jane y. Whitney ana Aman-
na , w. imrI'rS are the chIidrcno Orpha wilder,
Iatc pl Lawrence. New York, who was a
daughter of said Clari>Sa Hodges and was liv-
ing at me making of the last Will and tcsta-
inHht OF the said Timothy T. Phelps in said
hill set Forth: That tdgar = scott and
Amanda VI. scott are husband ana wife. and
were lawfully married at said Milton Ictohcr
-Vth,lNd that said Orange Barnes and Amau-
! ia VI. Barnes are husband and wife and were
lawfully married at said Lawrence, y. Y.
7 december ~, lsit; that ~jtid Amos iicclora and
Laura y. NcrkCr arc husband ANA wife
ana were lawfully married at said Mil
forth in said bin Of t"mrinint, That thai
, ~ or HhuNt inc DAY or August lNG4, said
/ Timothy !. Phelps died at said Milton in said
/ county Of thltttuGcn, leaving IL last will and
. testament, which afterwards WaS duly proved
/ ana aii"Wru a> ms la~t viii and testament be
,,4IG inc IfH"atc court Tor the District of
'hlIchd'h. Ntllhplt, ana from silld allow
ancc no appeal WAS taken. That in and by
,llH WlII II was pr"Nld,I among 9thcr things,
ma, lh', JuHl u'htN ana l1ltlHI charges OF tine
said tc~tator should first be paid out of his per-
fnhal estate. Ana that all said tc~tttor>, said
!uIl "Cut1 anu luhotai ch4f r. "efrHtrrWalds
/ iuI!$ pau jW" DISCHARGED hA h.~ executor ont
ol inc personal estate ni Haiu lc~tW"r Ihat
IL ana tN Ni'" iaNt VIII ana testament said
Timothy, anunE other things. gave to said
chldrrn OF >lId aiI>>t Hodges, ana To their
rrllr>' hlulINtN' II deceased, / ne sum oi s33Jp
pul",I" al llr herIa>c 81 S'ud !ariN>it,
Wil'H J. i'I H'It wa it"'H anu thrrr 10y SAID
WI ma'' rInrEr upon mat part Of said ties
tatur L'Wr luiu situate m SAID Milton, and
90, "HlrI ~ W. 'lI'I aIIi lh,I' "!d At inc
i'Ii' Oh ms p'''a~'' N'I|'I ann possessed ~ 81
hN own proper estate ANA that ,ad tc"tutor
10y h- s'td last Will gave to Jauc NIhrr 500
aiIlu uf; HH'iH- n'I HI', 'ulu at hrI u"CejtH"
SIih 10 her heirs, lt >h" should have any born
in lawful "cai"rk, which said annuity and
cguvi were mad" CHARGES upon SAID Eul and
were 10 bee HuI 10y ~uid George NuttcmurC,
or the l--oI owner or urcuNni of ~uid part
"l 0o'I nome ialm 3" changed with said pay
Hrin~. Nuu ,Hn lt>tHlWi IN ANA hN his sand
VII. gave to- Nulh Nhtl"uul"a like sum OF
NIuU annually during her life. and a like
~luu .ul : $500 at u,r decrease to her heirs, if
size ~huu." nave chidlcn born In .;t"l we'd
rock. winch ~iud ahnulli ana legacy were uIattc
cuu' -'- uuuu >uIG Iaut. ANA Wtrr to bC paid
ny ~'uu George hlttclhprr or Ga" legal owner
or occupant ul that part of said nome farm
SO charged win tn" payment thereof And
>ad ttHlai0r IN ana 10y M said last Will and
testament ir'lu"t1 hrd to Hrur@" WhlttcmOre,
the dtl"uItnt now oi FREMONT IuSouId
County, MIchrEan among other things al
that part OF sad t">tatUr> home Farm situate
III SAID Mutun together with all the personal
property thereon, during ms Iic. subject 20
w ~ mi 1 ScN@t9' GIHiGcH an" ha{iHHrr OF SAD
c1H" 10 Sud thHdlcn 81 SaId tltrlssa ana
other representatives, If deceased, and the
payments 81 7AiI several annultieS to said
Jane NlIbCr ana Annie NhittcmOrC res pcCtivc-
ly, ana said lcgaci"s to the respective heirs of
said Jane and Annie, as aforesaid And that
sud George Nhtt"luort uid. then and there
upon the proving said Will, accept said bcqucst
upon the terms ana conditions thereof and
PROMISED IN coh>ldcratlon thcreol faithfully
TO lllhl ana perform sand conditions ON his
part TO ne pcripruCl, ana ali OF sad condl-
ions Ana Sud Nhittemurc dld enter INTO
the possession OF SAID bcqucathcd estate and
enjoy the btlcHl ana plohts thereof, ana
altDrWardS SOFA ana conveyed, ny good ana
sulhEleht utcd 70 one hi i}arnum OF SAID MIL
ton, his interest, right ami title in and to one
Undivided nall OF Sald part OF sad home farm
so s!tuNIc IN sitlu NilItoh: ana that thG dctcn-
u'lil sun OWE dL' retains MS luIl riEht ute
am interest III ana |" lhc ftlhtlhlhE undlNlu1
,i'' i Wi i ~ Mn III anu
hy sitlh Will rs aforesaid: Ana further setting
iofth thht SAM lhrIN>h Hodges dlcd AT .Nhel-
~ 'lIo' -NIllI ~ COB am ma, Tue ,Iclciiuuiit
mas ever since hGHIcEtcd ana refused ana still
uooS HtTiCvt ana rtiu Use. !" pay Sa!4 e1'Ro 10
SAM chlIufcI Oh Shiu tllflssa, ana thtlr repre-
SchtutlNtS, or any part thereof, though often
requested SO 70 DO, ana WAT the whole OF said
sum and the interest thereon since the dcceas,
OF Ntlid 'lurlSNL sun remains unpaid. Ana
iufthcr lung torth mat the uGlcndaht,com-
hinlnE anu c"nirderatlng with divers persons
ut present unknown to the orators, but whose
names when discovered they pray may be in
serted IN sad bill OF complaint, with apt
words 10 charge them, does pretend ana give
1ut III spctSncs mar the orators are not entl-
Yea t, TO- salu legacy ana mat all ana singular
plant arc untrue. Whereas, the orators
charge hat all of said statements are true. Ali