Middlebury register. (Middlebury, Vt.) 1886-1937, 1893-11-03
Lydia e. Conroe
to
Isaac L. Eells, ct al.

of Addison ana state OF vermont, IN consul
craft n Ot proper care and comfortable sup
port to be given me during my natural fe by
Isaac Eells and Elizabeth Sperry OF CORNWALL,
in thecOunty and state atoresald,and 70 rem
burse them amply Tor the re spunsiDliity thus
assumed by them IN addition to the deed OF
my real est ate, given to them under dhte OF
September 9Th, 1880. hereby freely give ana
make over to them all the following personal
property, % wit:
"fh furniture now owned by me and stu
uted IN the house in which live on the south
side of Washington street, in the village OF
Middebury, Vermont, also certain mort
gage Tor the sum ol two thousand dollars cN
ecuted by Jason Davenport ana dated Aprll
9th. 1851, also six shares in the National Bank
of Middlebury o the face value OF SIX nun
dred dollars rs endorses by ceruncale No
81 of said bank stock, also II Mug. sign
ed Nv George ). Hawley and wife OF SAID
Middlebury tor the sum of three hundred
dollars, and upon which the sum OF one
hundred dollars is now due ana unpald
also a certain note against q. wooster OF
date september 81, 1853, on whlcn there l.
now due the sum lone hundred dollars aud
other notes that have been received by sald
Isaac l.. Eclls ana Elizabeth Spelry:
at the said Isaac L. Eells ana EllznDeth
Spcriy shall die before do,and Qy that means
10 not receive my support rs they nave ag-
reed, then tier the SAID Isaac l.. tell- ana ms
hei 5 aud the said Elizabeth sperry ana hrr
heirs are FULLY compensated lor lnS ci''t ,ut.
rishcd me an the money eNpehI 81 IN my
behalf the balance in their hands snail revert
Il and belong again to me.
"And | hereby ratiiy and confirm what !
have heretofore done Ia regard TO my sart
"In witness whereof set my hand and seal
ut Mlddlebuiy tins nth day OF February ls'l'
NJ. a. Brooks LYDIA E. Conroe. (seaD.
Lizzie VI. Brooks.
"Middlehurv town clerks Office, February
Is 1891 AT 10 o'clock b minutes a. Nj received
Tor record ,,,,.o prooi,s
Town Clerk"
r. Ana on or about the 18th day of Fcbru-
AIRY, 1891, the defendant, Eells, upon an order
therefor to which he procured the signature
OF the said COnroe, procured from the pro.
bate office, where il had been left r safe
keeDing the original will so executed by
said Lonroe, and fraudulently destroyed the
same by fire, no copy thereof being preserV
ed by anyone.
49,. At the time OF the SAID surrender of the
s1il prOmissOry notes 50 held by the SAID
ConrOc tgai ist the said SpcrrNS aud the SAID
Eells and at the time OF the said transfer OF
said other notes and bank stock, ana at the
time ObDr soon after the said assignment or
transfer OF February II, 1891. the said defend
ants, Eells and SperrY. took possession OF
slid prOmi-sOrY notes so preNiou'lN helu
against them DV the said COnrOc, ana OF all
the chooses in action and other things en-
brncrl in sud alleged transfer aud not pre-
viOusly in their possession. ana still hold the
same, claiming them n their own (eNcrpl
50 iira~ they have made collections upon
sud notes against other ptrilesl ana soon
alter the deccuse OF the said Conroe they
also to X possession Of nd homestead prem
iSrs ana now Ild such possession under Il
like ella m. the entire property 50 held nv
them, exclusive of said notes against the said
Eells and the said SpcrrN, beingoi the value OF
more than eight Thousand dollars.
II. The said defendants, Eells ana sperry,
are insOlvcnt.
Ij On ornbout the Both day OF August, Is.
80, the said Lydia +. CnnrOe, 'eing then AZ
most wholly without mental capacity, ana
being feeble and helpless physically. the
said Isaac l.. Eells without authority assun
ell control OF her business matters took pcs
session OF her securities and OF all her per
sonal property except the furniture ana the
United states bonds. aud continued to act rs
her trustee and confidential agent until heI
decease; and the said COnrOe rs tnr rs she
had any capacity or understan ing treated
him fully n her confidential agent ana tru5
tee during that period.
Is. And the plaintiffs aver that at the sew
crll times OF the atOre said tran saciOns- he
sa d surrender of the said notes held by The
said COnrre against the said EelS AMI thu
lid SperlV; the execution OF said deed o
/ September 9Th, 1897; the transfer of said nDtc'
against Battell Bird, Wooster and HHwicY
ana said bank stock; the giving by said Con
roe of said order or orders on laid SaVing'
Bank the execution OF said paper Ot Febru
AIRY II, 1891, and the destruction OF said will
the said Lydia f. Conroe was so demente,
and so deficient in mental power ana ca naci
tv that she did not understand nor at al
comprehend the nature or cOnSeQ renee o
the acts which either she or others were do
ing; and ii she yielded or appeared to yiel,
any assent to said several transactions or any
one of them, she was over reached, oVer-per
suade d and mised, to give such assent ~ mp
parent assent by the fltttery, deception ant
undue influence of the said etendants, Fell
ana Sperry; and that the said notes agains
Eels and the said Sperrys are still lega
debts against them, and the mortgage givel
to secure the payment OF said Sperry note o
notes is i'll In full force and that all the prop
ertY. money and chooses in action so in tn
hand and possession the defendants, Eel
and Sperry, or either OF them, including tn
, said notes against the said defendants Fell
an SperrV, and the mortgage or mortgage
, giventO secure them,and the moneys COLLECTED
by them or either OF them upon the chooses il
fsnlr irlaff q
, and lawful property OF the said Conroe's es
tate and the beneflciaries under the SAT-
, will.
II. Since the death OF said testrntrix, Al
bert \. Sperry, hu- band OF said A. EliZabet
, SpcrrY. has deceased.
Is. Said Lydia e. Conroe died mt Middle
n bury ON the I'D day OF June, 1891, being tn
legal and equitable owner o. All said proper
tv, real or personal, excepting n small par
a OF IN" money col lected, being less than $50
n in excess OF the income, which had been OK
n pended tor her support. Her said last vii
and testament was offered for probate by tn
n paintif. Wardens and Vestrvmen, before tn
y probate court ct said district OF Addison
n the defendants EellS and Sperry, cor
+ tested the same, and II hearing was ha
thereon in the month July. 1891, and pro
p bate thereof was refused; whereupnn sal
prepayment appe aled from said decision t
, the County Court, wherein the question OF tn
Z PROBATE OF said will is still pending and sal
! ground, among others, that it is imppsssbl
: 10 prove with sufficient tulness and accurac
= 49, The orators hereby waive answers t
\ this bill.
20 The plaintiffs pray:
First. That all said pretended cOnveyanC
4 eS, gifts and transfers from said testatriN
: to said defendants, Eells and SpprrV, q
I either of them, be decreed and held to b
y null and void; that sad deed OF september
! 1890 an said instrument of assignment &
= February II, 1871 and nj other instrument
. OF like nature signed by SAID testatr an
running to said Eells and Sperry, or either {
them, including the disch trge of SAID Sperr
mortgage or mortgages, be declared vol
: and be ordered to be given up and cancelled
! that said 1890 note of said lis and sal
l Sl00e note OF the defendant, Sperry, or he
: said husband or both, with the mortgage q
I mortgages securing the same. he decreed I
he still IN force i'm favor OF the estate OF sal
+ testatriX, ana that all the said real estate
4 personal prope ~ and chooses I'm action b
a restored to said estate.
j. Second. That said defendants, Eells an
) SpeIry, and each OF them, be temporarily er
Joined not to convey, dispose OF or encurnbe
= said homestead premises nor to SELL tran ste
D or cucumber or collect said notes, bank stoc
| or other chooses i'm action or personal proper
? [ or any part thereof: ana that on hearin
+ in this cause, such injunction be made pei
l. petual
4 Third That some suitable pei son be an
al "a a .sit