Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1901-03-14
Windham County Court.

The March term of Windham county
court opened at Newfane Wednesday
forenoon, March 6, at II o'clock. Pres
emit:
Hon. Henry R. Start, presiding judge.
Hon. Frank Worden, assistant
Hon. Daniel Kellogg, ! judges.
A. w. J. Wilkins, sheriff.
| George A. Weston, states attorney.
| 9. S. Chase, reporter.
j. II. Merrifeld, clerk.
After prayer by Rev. R. F. Danforth of
Newfane and the opening proclamation
| by Sheriff Wilkins, the docket was called,
! this consuming the remainder of the
| forenoon.
At 2 O'Clock P. M. the jury were called
and sworn, and instructed in their duties
by the court. No cases being ready for
trial, early adjournment was taken until
Thursday morning, when the Stoddard
will case from Westminster, which stood
first for trial, was to have been taken up
and arguments heard on the motion
of the contestants for a continuance.
Judge Waterman, contestants counsel,
being absent Thursday morning, the case
was set aside and the Grafton case of
| Loorsa StearnS VS.. estate of Alden G.
Gibson was placed on trial before jury.
This was an appeal by w. E. C. Walker,
administrator of the estate, from the
action of the commissioners in allowing
the claim of the plaintiff in the sum of
about $50. 1t appeared from the testi-
mony that Alden G. Gibson's wife died
in January, 1894, and that about that
! time the plaintiff, who was Mr. Gibson's
cousin, went to live with him as house
Keeper continuing in that relation,
with brief intervals, until his death in
September, 1897. No money was paid
to her for services performed and no
agreement made in regard to the same.
although Mr.. Gibson stated at different
| times to neighbors that he hoped she
would have her pay sometime. By an
understanding with Mr.. Gibson the
plaintiff furnished meat for the family
to the amount of about $50, taking the
| same of a local dealer who was owing
her, in order to get her pay from him.
MIR. Gibson left an adopted daughter and
| only heir, Mrs. Flora E. Sherwin of
Springfield, Mass, who came to Grafton
and, with the plaintiff, took care of him
during his final sickness of several
| months. During this time Mrs. Sher
win drew the money that Mr.. Gibson
! had in the bank, applying portion of
the same towards current expenses and
after his death settling all bills includ-
ing the $50 meat bill of the plaintiff.
On making the latter payment she took
receipt of plaintiff reading as follows:
Received of Flora E. Sherwin $50 in
full of all demands. Loorsa Stearns.''
Soon afterwards Mrs. Sherwin returned
to her home in Springfield, leaving the
house and its furnishings, which now
comprised the estate, in the care of the
plaintiff, and giving her the privilege of
occupancy, which privilege the plaintiff
improved for about two years, when from
BILE arose between the parties and the
| plaintiff left the premises and soon after
ward secured the appointment of an adj
| miniStrator and commissioners on Alden
g. Gibson's estate, and presented to the
latter her account for services rendered.
The testimony on the part of the estate
was to the effect that when plaintiff went
| to live with Mr.. Gibson it was with the
| understanding that she was to come and
go at pleasure, making the place her
home, such services as she rendered he
| ing without other consideration; that
when plaintiff was paid the $50 bv Mrs
Sherwin it was fully understood between
| the parties that the amount was in fuIl
consideration of all the plaintiffs claims
against the estate, the plaintiff stating
| that if she could have the meat bill maid
she would be fully satisfied The plain
tiff and meat dealer, who was present
when the receipt was passed, testified in
rebuttal that the meat transaction only
was considered at the time. no reference
whatever being made to other matters
Verdict S266 for plaintiff.