Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1890-01-17
NOTICE.

Alexander p Hodges,
Amos r. Meeker,
Cornela Crockett,
Henry G.. Hodges,
Charles G. Hodges,
A% Esssr ~ s sSGt o Fsy H. .,@ coHa5
and William r. Hodges, In Chancefy.
George w. Phelps,
Lu clan Phelps,
William Phelps,
Julia Curtis, RhOda Hall,
and Jerome p. Hall.
The above named Alexander p. Hodges and
others, orators, having filed in said court their
6ill of complaint against said defendants,
therein that Amos r. Meeker and Laura A.
Meeker are husband and wife; that Timothy
1864, and on the 18th day of September, 1854,
his last will and testament was proved and al
toys Of oe1PTe e tb bo tb
Lincoln was duly appointed executor thereof
and accepted the trust, and paid the debts Of
the testator and testamentary expenses and
requests, payable one year after testator's de-
cease, that said Timothy died seized OF a
farm of thirteen hundred acres, more or less,
situate partly in Milton and partly in COL
chester; the part in Milton containing eight
hundred acres, more or less, the part in COL
That by said will the testator devised tn
George Whittemore the part of said farm
there in Colchester, subject to the charge and
payment of certain sums mentioned in said
will--that is to say-said testator gave to his
brother Asaph and his sisters Marcia and
Laura, the sum of one hundred dollars each
annually during their lives, to be paid to
them by George Whittemore or the legal
owner or occupant Of that part of said farm
in said Colchester, and at the decease of said
Asaph, Marcia and Laura or either of them.
Ethe testator by said will gave to their and to
the heirs of each, the sum of sixteen hundred
dollars, to be paid to said heirs in manner
last aforesaid, and in like manner to consti-
tute a charge upon that part of testator's
home farm there situate in Colchester. That
afterwards on the 10th day Of May, 1867, said
,,ieorge Whitt.emore conveyed an undivided
to Ell Barnum of Milton.
That afterwards on the 18th day of Novem-
Der, l661, said George Whittemore and Ell Barn-
um conveyed all their title and interest in
said premises to said Asaph then of Ashta bula,
Ohio, said Marcia of South Hero and said
November, 1867, said Asaph, and Marcia and
her husband, Lorenzo Hall, and said Laura
Roberts conveyed all their title and interest in
said premises to Ell Barnum. and afterward
on the LIST day of January, 1872, said Barnum
mortgaged said premises with other lands to
e m Oh p,ao o Or l9 bur
| fore July l, 1870.
That afterward default was made in the
| payment of said debt and said Platt brought
his petition for the foreclosure of said premises
at the April term, 1874, of Chttenden, County
Chancery Court. and obtained decree Of
| foreclosure at said term of court, against said
| Barnum and the other defendants which exs
PRED without payment by said defendants acc
| Cording to the tenor thereof.
That on the 18th day of February, $780, said
Lemuel b. Platt, died at said Colchester, tess
tate, and his will was duly allowed and estab-
| trict of Chittenden on the 10th day of March,
| 1850, and in and by said will said Lemuel b.
devised the said premises to his wife, Clara A.
| Platt
Thas afterward on the 9Th day of March.
| 1854, said Clara A. Patt conveyed all her
rights and title in said Colchester premises to
| George W. Phelps, Lucian Phelps, William
Phelps Julia Curtis and kh9da Hal children l1o
and heirs of said Asaph, and w a ace +. Hall
and Jerome p Hall Childre and heirs of said
Marcia, upon the condition that the premises
should still! stand chargeable with the pay
! except that portion thereof conveyed by said
Lemuel B. to Joseph Bondin. 90 co.o
b h2 ss terry On the ot4 day on Sepfem
his right and interest in said premises to
Jerome p. Hall, and since the date Of said last
Lucian Phelps William Phelps, Rhoda Hall,
Julia Curtis and Jerome p. Hall. have been
and now are the legal owners and occupants
That said Laura died a said Milton Decem-
Der 18TH lSsS and said Asaph and Marcia died
long before that date, and the heirs and next
der =. Hodges, Laura A Meeker, Cornelia
Crockett, Henry c. Hodges: Charles c. Hodges,
Amanda Nj. Scott and William r.. Hodges,
| who at the dccease of said Laura, and now are
the only surviving children OF Clarissa Hodges,
late of shelby. Ohio sister of said Laura.
The rest of The heirs and next of kin Of said
| Laura are the defendants, George W. Phelps,
Iucian Phelps, William Phelps, Julia Gurus
| and Rhoda Hal !, the only surviving children
Of said Asaph the late and only brother of
said Laura since the death Of said Iimqthy,
and Wallace +. Hall and Jerome +. Hall the,
| only surviving children of said Marcus.
That said Laure at the time of her death had
no heirs or next of Kin save lie nephe"s ana
ueccs aforesaid, to wit the children of SAID
Clarissa, A-aph and Marcia reepecuvely.
Asaph being her only brother after Timothy
sisters. The father and mother of Laura died
long before nimothy'4 death.
That at the dcccasc of said Laura, the ora
tors a. her heirs have claimed and stlIl claim
under SAID Will of ana from the delehaah!t s
who are The legal owners and occupants or sald
premise: onc-half of the legacy OF sixteen hum
drcd dollars, which was in and by said VIII
made payable at the decease OF aalu Laura 70
her hers and the payment thereof was by SAID
Will made charge upon sad premises
That since the deceasa OF said Laura the de-
PENDANTS have not paid said eight hundred
dollars or any part thereof TO the orators or 10
any one ot then though often requested, but
wholly refuse to nay the same.
And praying that the defendants may an
swer the promises and be decreed to pay your
orators said sum of eight hundred dollars ahd
} the interest thereon forthwith and in default
thereof that trustee or trustees may be ap,,
pointed of said premises to make sale thereof
as the court shall direct.and out Of the proceeds
of such sale satisfy said decree and costs and
that the orators may have such other and fur
Their relief in the premises as to equity may
appertain.
George w. Phelps, Lucian Phelps, W llllam
! Phelps Julia Curtis and RhOda Hall, reside
out Of the state of Vermont, so that service OF
a subpoena cannot ne maze upon tnt'ul' ~ -
ordered that the above named defendants last
mentioned be notified to appear before the
Court Chancery to be held at North Hero.
in the county of Grand sic. on the last
! Tuesday but one, of February A.
d. 1872 TO answer to said bill OF complaint
by publishing this order three weeks success
sfvely in the Burlington Free Press, news
paper published at Burlington, IN Chittenden
county. Vermont. the last of which publica-
tons 10 be at least twenty days previous TO
said term of court, and said defendants are
| required to cause their appearance therein "a
be entered with the clerk of said court on the
first day of said term, otherwise said bill Will
= be taken as confessed.
Given under my hand at North Hero IN the
county of Grand Isle. this 4th day of January,
lrM X. K. HATHAWAY, Clerk
. WALES & WALES, Solicitors.
l. Phincas Herrick'S Estate.
, STATE or VERMONT, The honorable
: DlsTRICr OF CHITENpEN,sS. the Probate