Middlebury register. (Middlebury, Vt.) 1886-1937, 1903-05-01
CTATE OF VERMONT,
- COUNTY OF ADDISON, IS.
ADDISON COUNTY COURT,
June Term, A. ID. 1903.

y
- COUNTY OF ADDISON, IS.
ADDISON COUNTY COURT,
June Term, A. D. 1903.
CLARA P. CARTER.
v.
Charles w. Potter, Charles L. Armstrong,
Pearl Armstrong, James Armstrong, Percy
II. Armstrong, Ceoele j. LeGere, Mary
Potter, Caroline e. Ellis, Martha A. White,
Emogene Potter, John Potter, Celia Potter,
May Potter, Raymond Potter Earl Potter.
PETITION
To the Honorable County Court within and
for the County of Addison:
Your petitioner, Clara p. Carte of Kingston,
in the County of Ulster and state of New
10 wit, on the lst day OF June, A. ID. 1859, at
Mlddlebury, in said county, Daniel L. Potter
OF said Middlebury, deceased, seized and pos.
sessed of certain real estate situated In said
Middlebury, described as follows, to wit:
Being the dwelling house, together with tho
land and outbuildings appurtaining thereto,
situated on the southeriy side OF Washington
street, so.called, in the Village OF Middlebgry
aforesaid, occupied by said deceased If mis-
Washington street, easterly by land OF Mrs.
Tenney, southerly by land belonging 20 the
estate II. Wainwright, late of Middiebury,
westerly by land of A. b. smith.
Your petitioner further SHOWS, thai there
afterwards. to wit, on the 18th day of May,
A. ID. 1861 the Honorable Probate Court
within and for che District of Addison, by its
decree duly made and entered, did assign and
set of to Rachel Potter of said Middlebury,
said Rachel in the estate of said deceased,
certain portion of said premises described as
follows, to WIT
Beginning at the northeast corner Of the
house lotin the Villstse of Middlebury, thence
running south 63 degrees west four rods and
thirteen links; thence south 81 degrees east,
five roads and nine links; thence south 30
degrees east, three rods eii,hty-eight links;
thence south 80 degrees east, one rod and 10
links; thence north 70 degrees east, three
rods and two links; thence north 2SA de-
grees west, nine rods and twenty-eour links
to the place OF Beginning, together with the
buildings and appurtenances thereto be-
longing.
And Your petitioner further shows that that
portion of said premises not ass signed to said
Rachel Potter the dover of said Rachel,
was by said Honorable Probate Court as
signed, decreed ana set to Andrew POTTER,
Henry NJ. Potter ana Charles W Potter, heirs
of said Daniel l.. Potter, deceased, which
said last mentioned parcel of land is bounded
and described as follows, to wit:
Beginning at the northwest corner of the
dover of RAJ hel Potter, in the southerly line
of the highway, thence south 81 degrees east
five rods and nine links; thence south % de-
grees east to the northwest corner of the east
barn; thence by the west end of the barn to
the southwest corner of said dover; thence
to the southwest corner of said house Vt;
thence to the northwest corner of said house
lot; thence to the place of beginning.
Your petitioner further shows that the said
Rachel Potter deceased at Middl' bury
aforesaid, ON. to wit, the 18th day of Septem
Der, A. ID. 1891 and
Your petitioner further shows that the first
mentioned pare ell of land is now owned by
the heirs law OF the said Daniel l.. Potter,
deceased, and that said second mentiOned
parcel of land is now owned by the heirsat-
law of the said Henry NJ. Potter and the said
Andrew Potter, now deceased, ana by the
said Charles w. Potter, as tenants in com
mon.
And your petitioner further shows that as
such heir at.law she Is The owner of one-sixth
interest in said first mentioned parcel of land,
and ten sixty thirds Q063) OF said second
mentioned parcel of land; that Charles w.
Potter of Eontclalr, in the state of New
Jersey, is the owner OF One-sixth OF said first
mentioned parcel, and one thirty one sixty
thirds of said second mentioned parcel that
Charles l.. Armstrong of Dallas, in the State
of Texas. is the owner OF one ninety til
part of said first mentioned parcel and of one:
thirty sixth part of said second mentioned
parcel; that Pearl Armstrong OF Pittsburgh
in the State of Tennessee, is the owner OF
one ninety sixth part OF said first men
toned parcel and of one thirty-sixth
part of SAID second mentioned parcel
that James Armstrong OF Stevenson. in
the State of Alabama, is the owner OF
one ninety sixth part of said first men
toned parcel and of one thirty sixth
part of said second mentioned parcel; that
Texas, is the owner OF one ninety-sixth part
of said first mentioned parcel and of one
thirty-sixth part OF said second mentioned
parcel; that Cecele J. LaGere, now of parts
unknown, Is the owner of one-eighth part of
said first mentioned parcel and OF one
twenty first part of said second parcel; that
Mary Potter of the City of syr acuse, in the
County of Onandaga and the State or New
York, is the owner of one-eighth part OF said
first part of said second mentioned parcel
that Caroline f. Ellis of New Orleans, ii the
County of Orleans and State of Louisiana, If
the owner of one eighth part of said first
mentioned parcel and of one twenty-tirst part
of second mentioned parcel; that Martha A
White OF Duluth, in the county of st. Louis
and State OF Minnesota, Is the owner of one
eighth part of said first mentioned parcel
and of one twenty-irst part OF said second
mentioned parcel; that Emogene Potter OF
Brookline, in the County of Norfolk and
Commonwealth of Massachusetts,. is The
owner of one twenty-fourth part of said
first mentioned parcel and of one sixty ird
part of said second mentioned parcel; thai
John Potter, Celia Potter, May Potter
Ray mOnd Potter ana Earl Potter, all OF
BrOokline, in the County Of Norfolk and
Commonw ealth of Massachusetts, are each
the owners of one-siXtieth part of said FIRST
mentioned parcel and of two three hundred
and fifteenth part of said second mentioned
parcel.
Your petitioner prays that Your Honorable
Court will order partition of said several
parcelsof land to be made among the several
owners thereof according to their respective
interests therein, and in case ii shall appear
to Your Honorable Court that either of DOtf
of said parcels of real estate can not be di
vided without great Inconvenience to the
parties inter- ted, that Your Honorable Court
may order one or both of said parcels of real
estate sold, and the proceeds of such sale
after the payment of the expenses thereof
and of such reasonable costs as Your Honor
able Court shall allow your petitioner in the
premises, may be paid over to the several
parties interested in said estate, and that
Your Honorable Court will grant your peii
toner such further relief as in the judgment
of Your Honorable Court may be proper in
the premises.
And your petitioner Will ever pray etc.
Dated at Middebury, in the County OF
Addison aforesaid, this 2Sd day of April
A. D. 1908.
CLARA p. CARTER,
By her Attorney,
w. ii. DAVIS.