Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1903-11-13

Eepa1 9lntiees.
TIE OF VERMONT. Marlboro Dis


To Sarah Il. Harris and Henry ID. Hol-
lister, executors of the last will and tes-
lament of d. d. Harris late of Brattle-
boro in said District, deceased,
WHEREAS the Great western Milling
& Manufacturing Co, L. c. Black Re-
has presented to this Court a petition
setting forth that on the 14th day of May,
a. y, 1903 the said Great Western Mining
Honorable zina II. Allbee, Judge of the
Probate Court for the District of West
minister, its petition in writing, which
said petition was in the words and figures
following:
TO Honorable zina II. Allbee, Judge of
the Probate Court for the District of
Westminster: Comes the Great Western
Mining & Manufacturing Co., l.. c. Black,
Receiver, by Zed S. stanton, its attorney
Sth day of July A. d. 1895, the said petit
toner filed in the Circuit Court for the
Second Circuit of the United States
within and for the District Of Vermont,
its Bill of Complaint against b. d. Harris
of Brattleboro, Vermont, alleging therein
certain matters and things whereof the
said b ID. Harris was indebted to and un-
der liability to the Great Western Mining
& Manufacturing Co, in large sum of
money, to wit, three hundred thousand
dollars. That subsequent to the filing of
the Bill and while said cause was pending
In said Circuit Court, the said b. ID.
Harris deceased and letters of administra-
ton on his estate were granted to Charles
A. Harris. Henry d. HOLSTER and Sarah
r. Harris, executors Of the said b. d.
the said District of Marlboro: That
Commissioners and Appraisers were APP
pointed by the said Court upon the said
ers returned an inventory of the estate of
said Harris amounting to s109, 1923. so:
That such proceedings were had that the
March, y. d. 1902, did decree that the
said e. d. Harris estate should pay the
Great Western Mining & Manufacturing
October l.; 1900; to the date of the said
decree: That thereupon the said Great
Western Mining Manufacturing Co.
and the said estate of b. d. Harris. both
did appeal said cause to the United
States Circuit Court Of Appeals, where
the same Is now pending. That neither
any part. of either has been paid: That
the bonds filed by said executors with
bonds and as said petitioner is informed
and believes were only for the sum of
$1,000, and thereby wholly insufficient
demands of said petitioners: That more
than one year has elapsed since letters of
administration on the estate Of B. d.
said executors have not rendered an ac-
count to said Court of and relating to the
matters Of settlement OF said estate:
That said Henry d. Hollister and Sarah
3. Harris are now without the State of
Vermont, and praying that said executors
be cited to appear before the said Court
the matters pertaining to said estate that
now or have been in their hands or pos
session, or In the hands or possession of
either of them, and that they be cited to
appear before said Court and give ade-
quate and sufficient bonds so that the
right Of said petitioner in and concerning
said estate may be fully protected; and
further setting forth that after due notice
10 the said estate of b. d. Harris. accord
Ing ihg to the Statute, and to the executors
said petition, came on for hearing before
said Probate Court for said District Of
of Probate for the District Of Vest
minister, acting as Judge thereof under
and by virtue Of the statute in such case
within and for the said Marlboro District
on the l4th day Of August. A. d. 1903,
and was then and there heard and then
1903: That on said 18th day of October
1908 the said Probate Court as aforesaid
GID render its decision in said cause and
And whereas, the petitioner. the Great
western Mining 4 Manufacturing Co, l..
G. Black, Receiver, by its attorney, Zed
crihed in said petition. in the order.
decree. sentence and denial Of said Pro-
bate Court as aforesaid because OF said
said Probate Court as aforesaid. consid-
ers itself injured thereby and appeals
County Court next to be held at New
fame within and for the County Of Wind
nam on the End Wednesday of April,
1904: And said petitioner prays that
said appeal be allowed, and for an order
stating the manner and giving the time
Of notice Of said appeal to said B. D.
And the said appellant. itself as princi-
pal. and Fred A. Rowland as surety.
having filed a bond TO said Court in the
penal sum OF two hundred dollars. con-
ditioned that the anpellant would prose-
cute its appeal to effect and pay all costs
and intervening damages occasioned
thereby, II was ordered that said appeal
be allowed, and that said appellant give
notice Of his said appeal and of the term
of Court to which the said is returnable
to Charles A. Harris. one Of the Execu-
tors Of the estate of r. d. Harris. and c.
c. Fits, Attorney for the executors of
ing each Of them to be served with an
attested copy of said appeal and Of this
order within twenty-one DAYS from this
date. And said appellant is directed to
Of the term OF Court to which the said
is returnahe, to Henry D. Hollister and
Sarah b. Harris. the other executors of
the estate of soid B. D. Harris. by caus-
this order to be published for three
weeks SUCCESSFULLY in the Vermont
Phoenix. a newspaper printed at Brattle-
boro in said Probate District the last Of
said publications to be at least ten DAYS
previous to the time when said executors
are REQUIRED to apnear. And said execu-
tors ire hereby directed to cause their
appearance, to be entered and docketed
with the Clerk of said windham County
Court within fourteen days after the ex-
piratton of said twentv-one DAYS.
said Court this 26th day of October,
A. l.. 1908.
zINA H. ALLREE.
Judge Of the Probate Court for the Dis
A F. SCHWENK, Register