The Somerset reporter., 1899-10-12

i'W estPt hataoff complains and shows
20 yoar Honor.
ist That sAid Hannah n. Nowen died at
s@14 Canaan ON the tenth day Of April A. b.
no. leaving Der hsf will and testament
made. Published and declared by her on the
18Th asf u March 4 -. 1894, also a codicil
10 same anpeHed thereto made. published and
declared BY her on the 18th day Of April A.
y. iegs. shicRwill an codicil thereto was
daiY proved, approved and allowed by the
Probate Court Of sad County Of Somerset, On
he second Tuesday Il Nay A. b. 1879. and
ssid I. &. Barrett ~az thsn and there ap-
pointed executor Thereof and thereafter re-
turned an Inventory Z the estate and accept.
I'd ths trust provided N said viii and codcil
AMI AS duly appointed trustee under said
all - Probate Court IN sad County On the
sce3nd Tuesday Of August A. h. fsaa.
znd. That said al and codleiI provides
trst az follows /. the SAID Hannah H.
Noseil3 do give. bequeath and devise to nv
said executor !. =. Barrett the sum Of nine
hundred dollars after the payment Of debts
and expenditures provided by the second
clause Of .aid will. but nevertheless to hold
20 trust for the following purposes mentioned
and SCI forth in the third clause of said will
10 vt, four hundred and fifty dollars II said
Briggs Wilkins, when he shall arrive at the
age Of twenty one years and the remaining
45o to my grand daughter Alice May vii
sns, when she shall have arrived at the age
OF twenty one years and il is my desire that
during the minority Of said William and Alice
they shall receive from said fund Of nine hun.
bred dollars such sums of money as my said
executor in his judgment and discretion NAV
SEE a. To faag Harr u.
my said executor that he will paw over to said
William and Alice only such amounts as
their circumstances may require having
Specially IN view their education.
3rd. The second clause in said will does
not provide nor is there in any part Of said
will any provision made for the payment Of
costs Of administration OF estate or Of trust
fund.
4th. said will after providing legaciss to
divers persons for purposes therein stated,
amounting all TO s555 and few specific
lcgacies, the rights Of parties under which
are not likely to be affected by these pro-
cee1ings said will provides as follows:
Eleventh, All the rest and residue Of my
estate whether real, personal or. mixed wher-
ever found and however situated, | desire my
said Executor shall convert into current
money and divide into three equal parts
which parts desire shall be gwen to heirs
Of my said husbands brothers and sisters,
VIZ, Simon, John and Polly, the heirs Of each
| receiving one Of said parts.
5th. said l. b. Barrett, your orator,
humhly shows your Honors that he IS inform
ed and believes that said Hannah H. NOVEL;
never had any child and that said William
Briggs wilkins and his sister Alice Nav vii
kins designated in said will as grandchildren
OF SAID Hannah II. NOVEL; are not her grand
children in fact, unless they may be such by
adoption Of their mother and are not her
relatives, but are the only surviving grand
children and sole heirs of said Polly the
sister Of William NOVEL; her deceased hus-
band. That though it is claimed that their
mother Esther Fish, daughter of said Polly
and her husband Thomas Fish late Of said
Fairfield, deceased, was adopted in her in
fancy by said Hannah II. NOVEL; and her
husband William NOVEL; with consent Of her
parents the said Thomas and Polly Fish by
Act OF legislature, thereby making said
William and Alice grandchildren to testatrx
by adoption of their mother, yet your orator,
having made thorough search and investiRa-
ton both Of Acts of Legislature and records
OF adoption by our Probate Court, and failed
to find any adoption, it is claimed by him
that there never was any such adoption to
change rights of inheritance.
9th. And your orator complaining humbly
shows your Honors that he is informed and
believes that said William Briggs Wilkin,
| started for the gold fields Of Alaska and was
last heard from by letter to his father from
Seattle on the 23rd day Of May A. ID. 1893
his destination then being $50 miles up the
Neuse river, and his boat was wrecked about
80 miles up said river and he was fear kill.
ed there IN the month of July A. D. 1898.
9TH. That the surviving heirs Of said
Simon NOVEL;, under said residuary clause OF
said will, are Frank f. NOVEL;, Mrs Ella
NOVEL; Kelley, Mrs. Mary Eta Pease, Mrs.
Georgiana NOVEL; Boynton and William S
NOVEL;, and that the sole surviving heirs oil
said John NOVEL; under said clause of said
will are Miss Barrie NOVEL; and Miss Bertha
+. NOVEL; and are made parties to this Bill
and their names and places of abode are
therein above stated.
Wherefore your orator asks for a construc-
ton of that portion of the will and testament
and codicil thereto of said Hannah II.
Novel; heretofore recited and that your
! I1onors will direct out Of what fund the cost
of administration of estate and trust fund
shall be paid and the order of such payment
and to direct and order distribution Of sad
estate among the benehciaries therein named
in accordance with said will and codic as
construed by your Honors and the rights Of
the parties claiming under the same as may
appear from the evidence given you.
And your orator prays that he may be
given such other and further relief and such
other and further orders may be made in the
premises as your Honors may deem right and
necessary.
A true copy of order with abstract Of bill
Attest: \. w. BRAINERD, Clerk