Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1895-12-27
Windsor County Court.

His family consisted o. one SOL AavI ~ ~ IN
was q farmer living at Freedom, a
and OF an adopted daughter, VINO ~ Luz
RED and lives with her family at Town
shend. Vt. In the year 1887, the old man,
wife was laid to rest and he was lett alons
in the world. The son ana adopted daugh'
ter were living at distance from MIN
and. apparently loath to leave the scenes
of his early youth aud iondest rec0iiec
| tions. the old gentleman made arrange
| ments whereby he might stop and nnisl
out his DAYS amid these scenes. A. tnls
4 time he possessed q house and about tWt
acres OF land located at Chester Depot, ano
also owned wood lot, located about ioui
miles from his home place. he mace ar
i rangements with several people, at amer
ent times, to come to his house ano ilve
there and keep him. In the year 1877, Ira
4 II. Hooper and his wife, Nettie i. Hooper
the defendant, who lived at Chester, made
arrangements with the old gentleman,
whereby they we're to 60 and live IN the
house and furnish him home with them
giving him the comforts OF home. Inis
Situation OF affairs continued for i've
months and the old gentleman was SO
pleased and satisfied with the way the
Hoopers took care of him that hc proposed
to them to make contract whereby ne
should deed TO them all Of his property on
condition that they should furnish him
home during his natural lie. keeping him
as he had been in the habit OF living;
providing him with proper care and nurs-
| ing. and Attendance and medicine when
sick, and after his death to see that he had
decent interment and furnish an appro-
pirate grayestone. Accordingly, con-
| tract was entered into and all OF the old
mans worldly possessions were decided to
| the Hooperg. About year and half az
ter the trade was made and had been lived
under, the old gentleman received visit
from bis son, Alvah, who stayed about
| three weeks. AT the end OF this time, the
Hoopers thought the son ought to pay
some board bill. They did not consider
that the contract to keep the old gentle
man also included boarding the SOD. AL
day took his father away on visit to his
adopted daughter at Townshend. Here be
stayed eleven weeks, during which time
be received letter from Mrs. Hooper say
ing she was on her part ready, as always,
to furnish him q home and in every re-
spect TO carry out her part Of the contract.
The old man went back to the Hoopers
and stayed there until April last, when he
was taken away from the Hoopers by his
son, Alvah, and the same day Mrs. Hoop
er was served with writ in an action OF
election, which Is the present suit. 1t was
claimed on the part OF the plaintiff that
there had been breach OF the conditions
OF the deed in several respects, namely that
the old gentleman was not allowed to
smoke in the house; that be was not kept
sufficiently warm; that he did not get
enough food or rather that the quality OF
what be received was not what he ought
to have. In the contract that was made,
there was provision that the old gentle
man was to receive 81 rs week for pocket
money. 1t was claimed there was breach
OF this condition and that the old gentle
man had not received this amount weekly.
Further, the old gentleman claimed that
they would not 60 out with him and lead
him to the neighb0rs when he wanted to
60 visiting. He Is nearly blind and can
casions when he went alone he got out OF
his way, and into snow drift; on anoth-
er occasion be got into mud hole aud yet
a further occasion he got onto the middle
OF the railroad track. But on each Of these
instances the old man yelled until some
one came to his assiste nee. On the last
named occasion Mrs. Hooper heard him
yell and came running out In time to see
wild engine approaching him. Not hav-
ing time TO reacn him, she turned her at
tention to the engine and standing by the
track, stopped it BY waving something.
The enginego up near TO the old gentle.
man and the engineer alightinQ from his
engine, led the old man of the track
towards his house. On the part the de-
tense it was claimed that there was no
foundation for any OF the Complaints made
BY the old gentleman. That the true state
oil affairs was that Alvah, the son, having
kept away from his father and not paving
him the attention son should. had come
to learn OF the disposition his father had
made OF his property and being desirons
OF upsetting the contract and Getting the
property SO that il would be in line Ia de-
scend to himself had poisoned his fathers
mind and made him dissatisfied.
The defendant introduced witnesses
whose testimony tended to show that the
old man had frequently expressed himself
tention received Of Honnsr,s. the;. -. .as s;-
monv aisn was m ths afsectt Sat ~ 1910 ia
mans annenra 90 had yrodns IL, ;,,, VIZ uaS
aimee The Hnsnsrs i" 4 taSen ~. .np !. S;
The defendant swore that she ma tai,h
Iullv paid the oId man Ms .srir ro,,a,. J,
ana had ri iii timas kant m, ,,ron1l,,
rlad. In regard ~ ~ ,,,stta. - p.oPu.y
Il appeared that tohscco sn,ose ' uos vns,,
,fsars;wa ~, NJ t Uo sn9Ae MAS very
ro;vad h;s .;nSt \" ~. Inas Lne oio man
Of this. defendant % lea ~.
'ention to the old mans testimony which