The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1885-10-29

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ing thereon. b. given TO I'll persons intsreste,
by the publication hereof three week snccess
| lively In the Manchester JOURNAL, q newspaper
printed At Manchester in said District, previouI
ass. 1 'l' " LovEIAND MUNsoN, Judge.
BENNINGTON COUNTY COURT,
- December Term 1886.
SAMUEL r. FRINGE,
~
DORSET MARBLE co., ct ais.
Whereas, samuel r Prince. OF the city o
Philsdelphla In the County OF Philadelphia AND
and State Of Pennsylvania, has brought his pc
tition for Partition against Dorset Marble Com
pAny, . corporation duly organized and existing
under and by virtus Of the laws OF the State Of
Vermont, John y. Prince, d. FREELY Mcdonald
Freddy Mcdonald, and Mrs. 4. 3. Mcdonald, oil
the city OF Philadelphia Aforesaid, Spaford II
West, Augusta West, Gertrude Holley and Eliza
AnL Holley, OF Dorset In the County OF Ben.
nington and State ofVermont, Carlos Sherman,
trustee OF Castleton, and John B.Page. trustee.
Of Rutland, In the County OF Rutland and State
OF Vermont therein setting forth that he is the
owner in lee Of one equal undivided eighth part
OF certain piece or parcel OF land In the town
OF Dorset, Aforesaid. bounded and described "a
follows, viz: Beginning at Eastwood tree
standing In the north east corner OF lot otlsnd
"
man Besrdsley; thence south. six degrees and
rs minutes east, seventy eight and eighty -four
one hun dredths rods 10 red oak tree standing
in the south east corner OF what 10 known as tho
"Ten Acre Fulsom Quarry Lott" thence north
eighty-eight degrees and 50 minutes east,
sixteen rods; thence north fifty nine degrees
and IS minutes east twenty rods TO a strip Of
land six rods in width known as the '.Six Rod
Ledge or Quarry" now owned by Samuel II.
Prince and John +. Prince; thence north, forty.
one degrees. west. along the southerly line Of
said 81 rod strip twenty Ave rods to the south.
west corner thereof; thence north six degrees
and twenty i've minutes west, along tho west
line Of said six rod strip and the west line OF
land Of Dorset Marble Company forty-eight and
twenty-five one-hundredths rods; thence north
eighty.seven degrees and 80 minutes west,
twenty and Twelve one hundredths rods to the
place OF beginning. containing about ten acres
and one hundred and forty.one rods OF land;
and further setting forth thai said Dorset Marble
Company il owner, In fee. Of one equal undividd
fourth part OF said land, subject to mortgage
executed BY II TO Carlos B. sherman. Of Castle.
ton, and John D. Page, Of Rutland, In said
County Of Rutland. 10 trust, purporting to be
given 70 secure the payment OF certain bonds
Issued by said company, which deed Is still ia
force and said Sherman and Page have accepted
the tfuat. aud are now acting ~ such trustees,
and ~ snch arc interested in said undivided
fourth part Of said lands belonging TO said Dor
Get Hafb.e Company; that John r. Prince, OF
said Phiadalphia, ~ also owner. 10 fee, OF on
equal undivided eighth part Of said land subject
however 10 mortgage executed by him upon
said land and other lands to Elsie A. Kent Jen-
ME K. Kent and Mary ". Kent TO secure among
other thing, certain notes which said mortgage
10 In force aud they are the holders thereof that
George d. Holey. late Of SAID Dorset deceased,
who died interstate, WAS at the lime OF his death
owner in fec vi another equal undivided one
fourth part Of said land; that he left surviving
IL .t..l LII. uFA.t
the wife ofDpadord II. West and Gertrude Hol-
ley and also Eliza Ann Holley. his widow. all OF
said Dorset, and the said Augusta West and
Gertrude Holley ~ heirs Of said George b. Hol
ley are now together the owners 10 fee OF said
equal undivided one fourth part Of said land in
equal shares and proportions, subject, however,
TO the right OF dover Of faid Eliza Ann Holley
therein, AZ such widow, which said dover right
was set out TO her on the 10 day OF March, 1870,
by commissioners duly appointed for that pur.
pose by the Probate Court for the District OF
Manchester, which interest ~ set out BY them 10
one equal and undivided eighth part OF the
rents. Issues and profits Of said land; and the
said share OF said Augusta West is subject to
the marital right Of said Hpafford III. West, her
husband; that Duncan Mcdonald late Of SAID
DECEASED, interstate, wasat the time
OF his death The owner in fee Of the other equal
undivided fourth part OF said land; that he lcft
him one child and heir, d. Friedley
Mcdonald and also y. d. Mcdonald his widow
both OF said Philadelphia; that eaid b Friedley
Mcdonald as heir OF said Duncan Mcdonald 10
now owner IN fec OF said equal undivided fourth
part OF raid land subject 10 the right OF dover
of the said &. \. Mcdonald therein as such
widow, but which has not AZ yet been set out to
her BY Probate Court or otherwise; tina said d |
Freddy Mcdonald 10 q minor under the age OF
twenty zone years, and that Theodore Y. Deirin.
ger II said PnilAdelphia Is his guardian; aud
setting forth that petitioner desires that par |
al. i.e NJ . N nra vi
ing that partition may be made OF said land
in accordance with tho rights OF the parties in |
terested therein, ~ provided by Law, and for |
the appointment OF commissioners TO make par. |
lition thereof. aud II same cannot be divided
that ZANE be assigned 10 one Of the psrtiea pur. |
suant 10 law, or u none OF the parties interested
will take such assignment that = sale DO made
Of the premises and division made Of the pro.
leeds according 10 law.
Petition dated Oct. l7th, 1855. and signed by |
4 SAMUEL y. PRINCE.
By BATcHkIDEa BARBEk his Attorneys.
STATE OF VERMONT. 10 any sherinl or Con-
Bennington County -. stable In the state:
asial4 Greeting. |
BY the authority Of the State Of Vermont you
ire hereby commanded 10 notify Dorset Marble
Company, c0rpVYsthDn duly organized and e.
sting under snd hftus Of the laws OF the State
II Vermont and d6ing business In Dorset In the
County Of Benpingtsa and in Rn.iand 10 tho
/. Princs, b. Keedist Mcdonald. Theodore r.
Dsrringer, guasdssA OF the said d. Freediey
Nc DopAid. and Mrs. n. b. Mcdonald 81 the city
v Philadelphia In the Comfy. OF Philadelphia and
md State Of Pennsylvania. Spaford II. West,
augusta West Gertrude Holley and Eliza Am
nd State OF Vermont and Carlos y. sherman
rustee Of CsstIeton and John b. Page trustee
il Rutland Ia the said County Of RutlAnd and
|tats Of Vermont, Elsie A. kent. Jennie Kent
nd Mary W. Kent. all OF said Dorset, 10 appear
,sfore the Honorable County Court nett 70 be
,oIdsn q Benin gton within and for tho County
I Bennirgton, on the frsu Tuesday OF Deem
er a. D., iEs5. then and there to make answer
o the foregoing petition Of samuel y. Prince
I'D shou cause ifapy they have Why the prayer
hereof should not be granted.
Fail not but make service and rsturn hereof
Dated II bennington, In tho County 81 Bes.
iugton, this l7th day Of October 4: y. 1855.
JOHN v. HALL, Clerk.
J. X. Dstehelder recognized to each Of the
nifty for coats u prosecution OF this petition ~
be Law directs, Before me
JOHs v. HALL, CLERK.
And Il appearing that said defendants John y
ripce. d. Freddy Mcdonald, Theodore y.
errinRer. guardian ~ Aforesaid aud hrs. .. y.
IeDnnald reside and are without this State 70
sss citation cannot be served upon Them,
n is ordered AsrefOrf, that notice. of The pen.
sncy Of said spt he given 70 said absent dc.
spdsnts BY publication Of the substancs 81 ssid
rtttion, witk the citation aud this order In the
Manchester JorKsAf, public rsvspspsr print
4 u Manchester In sAid County OF Bennington
nee weeks successfully, the last Of which pub
cations shsll b. Il least twenty .dsys preyi0ns
the com me neeneni Of the term Of the COUNTY
curt psrt 10 be holden u Bsnnlrgtop, ~ithio
ID fsr said County 81 Bsnnington. on tbs Frst
nesdsy Of December A. ID. 1856 70 Which said
stltiBh IL rsfurDsbis.
Dated lhis lstL dsy 81 0rsobsr A, D. isa5.
john v. HALL clsrk. :
EArcsu1xa BAarEA. Ats'ys zAsv