Middlebury register. (Middlebury, Vt.) 1886-1937, 1893-10-20
Lydia E. Conroe

craft n OF proper care and a comfortable sup
port to be given me during my natural te by
Isaac Eells and Elizabeth Sperrv of COrnwu !,
in the county and state aforesaid, and to rein.
burse them amply tor the responsibility thus
assumed by them IN addition TO the deed OF
my real tate given to them under date Ot
september 6th, lSgl. hereby freely give aud
make over to them all the following personal
property, % wit:
"fh furniture now owned by me ami stu.
ated IN the house in which live on the south
side OF Washington street, in the village OF
Middlebury, Vermont, also "A certain mort
gage FOR the sum OF two thousand dollars eN.
ecuteh by Jason Davenport and dated April
9th. 1871, also six shares IN the National Bank
of MtidleburN o the itce value or six hun
dred dollars rs endorses by certificate No.
u OF said Dnnk stock, also n Mtg. sign
eel ny George 5. lIawley and wife of said
Middlebury Tor the sum Ot three hundred
dollars, and upon which the sum of one
hundred dollars is now due and unpaiu,
also certain note against o. wooster OF
date september 81, 1859, on which there Is
now due the sum OF one hundred dollars and
other notes that have been received by said
Isaac l.. Eells ana Elizabeth Sperry.
at the said Isaac l.. Eells and Elizabeth
Speriy shall die before do,and by that means
do not receive my support as they have ag-
reed, then tier the SAID Isaac l.. EelS and his
heirs and the said Elizabeth Sperry and her
heirs are fully compen stated Tor the care fur
rished me and the money expended In my
behalf the balance in their hands shall revert
t. and belong again to me.
"And hereby ratiiy and confirm what !
have heretofore done In regard to my said
estate.
ain witness whereof set my hand and seal
at Mlddlebury tins nth day OF February, 1891.
In presence of
NJ. A. Brooks. LYDIA +. COnroe. (SeaD.
"Middlebury town clerks office, February
Is. 1891 AT 10 O'Clock 80 minutes A. NJ. received
for record
"a true record, attest Milton A. Brooks,
Town Clerk"
Il. Ana on or about the 18th day of Febru.
arv, 1891, the defendant, EeIls upon an order
tn which 4 g.
OF the said COnroe, procured from the pro
bate office, where ii had been left I II safe
keeping, the original will so executed by
said COnroe, and traudulently destroyed the
same by fire, no copy thereof being preserv
ed by anyone.
49,. At the time of the SAID surrender OF the
sal promissory notes so held by the sald
COnrOc agai ist the said SpcrrNs and the said
Eells, ana at the time OF the said transfer ot
said other notes and bank stock, and ut the
time OF or soon after the said assignment or
transfer OF February II, 1891, the said defend
ants, Eells ana Spcrry. took possession OF
said prOmiSsOrN notes So previously held
against them bV the said COnrOe, ana OF all
the chooses in action and other things EN-.
hraced in said alleged transfer and not pre-
viOusly in their possession. ana still hold the
same, claiming them IT. their own (eNcepi
far rs they have made collections upon
said notes against other parties, ana soon
after the deccase ct the said COnrOe they
also to 'k possession OF lid homestead prem
Uses and now mold such possession under a
like clam, the entire property so held by
them, exclusive OF said notes against the said
Eells and the said Spcrry, being of the value OF
more than eight thousand dollars.
H.. The said defendants, Eells aud Sperry,
are insolvent.
ID. On or about the Both day of August, Is
50, the said Lydia +. COnroe, icing then al
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 pcs
session of her securities and OF all her per
sonal property except the turniture ana the
United states bonds. and continued to act rs
her trustee and confidential agent until her
decease; and the said COnroe as far as she
had any capacity or understan ling treated
him fully rs her confidential agent and trus.
tee during that period
rs. And the plaintiffs aver that mt the sew.
eral times ot the aforesaid transactions he
sI Il surrender of the said notes held bV the
said Conr"e against the said Eells and the
said SperrV: the execution OF said deed of
September 9Th, ls9n; the transfer of said notes
against Battcll, Bird, Wooster and HawicY.
ana said bank stock; the giving by said Con
roe OF sad order or orders on laid savings
Bank the execution OF said paper OF Tcbru-
AIRY II, 1891, and the destruction OF said will,
the said lydia +. COnrOe was so demcnted
ana so deficient in mental power ana ca Daci.
" that she did not understand nor at all
comprehend the nature or cOnSeG renee OF
the acts which either she or others were do
ing and If she yielded or appeared to yield
any assent to said several transactions or any
one OF them, she was over reached. Over-per-
suadt d and misled, to give such assent III mp
parent assent by the fllttery, deception and
undue influence of the said etendants, Eels
ana Sperry: and that the said notes against
EelS and the said SOerrVs are still legal
debts against them, and the mortgage given
to secure the payment of said Sperry note or
notes is i'll in full force and that all the prop
ertY. money and chooses i'm action so in the
hand and possession the defendants, Eels
and SperTy, or either of them, including the
said notes against the said defendants EpllS
an SperrV, and the mortgage or mortgages
SiVentO secure them, aud 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 es
tate and the beneticiaries under the said
will
IL. Since the death OF said testratrix, AL
bert \. SpPrry, hu. band of said A. Elizabeth
Sperrv. has deceased.
Is. Said Lydia f. Conroe died at Middle
bury on the 22d day of June, 1891, being the
legal and equitable owner o. all said proper
ty. real or personal, excepting n small part
Ot IN" money collected, being less than $500
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, War1ens and Nestrvmen, before the
probate court OF said district OF Addison,
the defendants Eells and Snerry. con
tested the same, and n hearing was had
thereon in the month OF July. 1891, and pro
bate thereof was refused; whereupnn said
prepayment appe aled from said decision to
the County Court, wherein the question o. the
plotate of said will is stil pending, and said
Il pendants are contrasting thereof upon the
ground, among others, that it is I'M possible
10 prove with sufficient tullness and accuracy
the contents of said will.
~. me OrhtOrs hereby waive answers to
this bill.
20. The plaintiffs pray:
First. That all said pretended conveyanc
es, gifts and transfers from said testatriX
to said defendants, Eels and SperrV, or
either of them, be decreed and held to be
null and void; that sad deed OF September q,
1890, AMI said instrument of assignment OF
February II, 1891 and al other instruments
ct like nature signed by SAID testatr Y and
running to said Eells and Sperry, or either OF
/ them, including the discharge of SAID Sperrv
mortgage or mortgages. be declared void
and be ordered to be gwen up and cancelled (:
that said $1,000 note OF said T. lis and said
3 0W note OF the defendant, Sperry, or her
said husband or both, with the mortgage or
mortgages securing the same. he decreed to
he still in force in favor OF the estate OF said
testatriX, ana that all the said real estate
personal prOpe " and chooses i'm action be
/ restored to said estate.
Second. That said defendants, Eels and
Sperry, and each OF them. be temporarily en-
! Joined not to convey, dispose OF or cucumber
said homestead premises, nor to sell, transfer
| or encumber 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 an
pointed a receiver to receive and preserve
pendente lite, all property, money ana chooses
in action SO in the hands 1.-THE defendants and