Middlebury register. (Middlebury, Vt.) 1886-1937, 1893-10-27
Lydia e. Conroe
to
Isaac l.. Eells, ct al.

port to be given me during my natural fe by
Isaac Eells and Elizabeth Sperry of Cornwall,
III thecounty and State aforesaid, and to REIN
burse them amply Tor the responsibility thus
assumed by them IN addition to the deed OF
my real estate, given to them under date OF
September 9th, 1880. hereby freely give aud
make over to them all the following personal
property, % wit:
"1h furniture now owned by me ana stu.
ated IN the house in which live on the south
side OF Washington street in the village OF
Middlebury, Vermont, also certain mort
gage tor the sum OF two thousand dollars eX-
ecuted by Jason Davenport and dated April
9th, 1851, also six shares in the National Bank
of Middlebury o the face value OF six hun
dred dollars us endorses by certificate No.
u of said bank stock, also Mtg. sign
ell by George s. 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 and unpaid,
also a certain note against o. wooster of
date september Sd, 1869, which there is
now due the sum OF one hundred dollars and
other notes that have been received by said
Isaac J.. Eels and Elizabeth Sperry.
at the said Isaac l.. Eels and Elizabeth
Speriy shall die before do,and by that means
do not receive my support AS they have ag-
reed, then after the SAID Isaac L. EellS and his
heirs and the said Elizabeth Sperry and her
heirs are fully compen stated TOR the care fur
nished me and the money expend ID in my
behalf the balance in their hands shall revert
t. and belong again to me.
And hereby ratity and confirm what
have heretofore done In regard to my said
estate.
ain witness whereof | set my hand and seal
at Middlebury tins 18th day of February 1891.
In presence of
NJ. A. Brooks. LYDIA +. COnroe. (SeaD.
| Lizzie NJ. Brooks.
"Middebury town clerks Office February
Is, 1891 al 10 o'clock 30 minutes A. NJ. received
tor record
"a true record, attest Milton A. Brooks,
Town Clerk"
II. Anu on or about tile 18th day of Febru-
airy, 1884, the defendant, Eels, upon an order
therefor to which he procured the signature
of the said COnrOe, procured from the pro.
bate office, where it had been left n safe
Keeping. the original Will so executed by
said COnroe, and traudulenty destroyed the
same by fire, no copy thereof being preserv-
ed by anyone.
sail promissory notes so held by the sad
COnrOc a2ai Ist the said Sperrys and the said
Eells, and ut the time OF the said transfer Ot
said other notes and bank stock, and at the
! time OF or soon after the said assignment or
transfer OF February II, 1891, the said defend
ants, Eells and Sperry. took possession OF
said prOmisSOry notes so previously held
against them by the said Conroe and OF all
! the chooses in action and other things en-
| braccd in said alleged transfer and not pre-
viousy in their possession: ana still hold the
same, claiming them As their own Except
so far as they have made collections upon
| slld notes against other parties, and soon
! after the decease OF the said COnroe they
/ also to 'k possession OF ; lid homes stead prem
| iscs and now hold such possession under a
! ike clam. the entire property so held by
| them, exclusive OF said notes against the said
Eclls and the said Sperry, beingot the value OF
more than eight Thousand dollars.
It,, the said defendants, Eells and Sperry,
are insOlvent.
10. On or about the Both day of August, Is.
| 80, the said Lydia +. COnroe, being then III.
most wholly without mental capacity, and
being feeble and helpless physically the
said Isaac L. Eells without authority assum
| ed control OF her business matters. took pos.
session OF her securities and of all her per
sonal property except the furniture ana the
United states bonds. and continued to act as
her trustee and confidential agent until her
decease; and the said Conroe as tar as she
! had any capacity or understan ing treated
him fully rs her confidential agent and trus.
tee during that period
| Is. And the plaintiffs aver that at the sew.
eral times OF the aforesaid transactions he
SIT Il surrender of the said notes held bV the
said Conr"e against the said Eells AMI the
5 nd SperrY: the execution OF said deed OF
september 9Th, 1890; the transfer OF said notes
against Battell, Bird, Wooster and Hawley.
and said bank stock the giving by said Con
| roe of said order or orders on taid savings
Bank; the execution OF said paper OF Febru-
! AIRY II, 1891, ana the destruction of said will,
| the said lydia +. Conroe was so demented
and so deficient in mental power and ca naci.
| ~ that she did not understand nor at all
comprehend the nature or conSeq renee OF
| the acts which either she or others were do
ing; and ii she yielded or appeared to yield
any assent to said several transactions or any
one OF Them she was Ovprreached. Overper-
suadt Il and misled, to give such assent ~ APP.
parent assent by the fl Ittery, deception and
undue influence of the said etendants, Eells
ana SperrY: and that the said notes against
Eells and the said Sperrvs are still legal
debts against them. and the mortgage given
| to secure the payment of said SperrY note or
notes is 5 i'll in full force, and that all the prop
ertV. money and chooses in action so in the
hand and possession Il the defendants. Eels
and Sperry, or either OF them, including the
said notes against the said defendants Erlls
an Sperry, and the mortgage or mortgages
givento secure them,a the moneys collected
by them or either OF them upon the chooses in
action so taken by them are now the righttul
and lawful property OF the said COnroe's
tate and the beneticiaries under the said
/ will.
II. Since the death OF said testratrx, AL
bert ~ Sperry, hui band OF said A. Elizabeth
SperrN. has deceased.
Is. Said Lydia f. ConrOe died Mt Middle.
bury on the 2ld day of June, 1891, being the
legal and equitable owner o. all said proper.
~, real or personal, excepting IA small part
OF thr money collected, being less than 5000
in excess OF the income, which had been eX-
pended tor her support. Her said last will
and testament was offered tor probate by the
plaintiff Wartlens and VestrYmen, before the
probate court OF said district of Addison,
the defendants Eells and SnerTy, con
tested the same, and hearing was had
thereon in the month OF July, 1881, and pro
bate thereof was refused; whereupOn said
prepayment appealed from said decision to
the County Court, wherein the question OF the
probate OF said will is still pending. and said
Il 'fendants are contesting thereof upon the
ground, among others, that it is impossible
To prove with sufficient tulness and accuracy
the contents of said will.
10. The orators hereby waive answers to
this bill.
20. The plaintiffs pray:
First. That all said pretended Conveyance
es, gifts ana transfers from said testatriX,
to said defendants. Eells and Sperry, or
either of them, be decree1 ana held to he
null and void; that sad deed of September 6,
1880, an said instrument OF assignment OF
February il, 1891, and nj other Instruments
OF like nature signed by SAID testatr X and
running TO said Eells and Sperry, or either OF
them, including the dscharge of SAID Sperrv
mortgage or mortgages, be declared void
and be ordered to be given up and cancelled (:
that said $500 note OF said T. lis and said
; DOE note OF the defendant, Sperry, or her
said husband or both, with the mortgage or
mortgages securing the same. be decreed to
he still in force in favor pt the estate OF said
testatriX, ana that all the said real estate,
personal prope ~ and chooses in action be
restored to said estate.
Second That said defendants Eells and
SpeI ry, and each OF them, be temporarily en-.
Joined not to convey. dispose of or cucumber
said homestead premises, nor to sell, transfer
or cucumber or collect said notes, bank stock
or other chooses in action or personal proper
t or any part thereof: and that on hearing
in this cause, such injunction be made per.
petnal.
Third That some suitable pei son be APP
pointed a receiver to receive and preserve,
pendeate lite, all property, money and chooses