Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1903-10-30
Eeeal 5lotircs.
STATE OF VERMONT, Marlboro Dis
k0tript IS

STATE OF VERMONT Marlboro Dis
By the Probate Court for Said District
lister, executors of the last will and tes-
lament of b. d. Harris, late of Brattle
boro i'm said District, deceased
WHEREAS the Great Western Mining
q Manufacturing Co, J.. G.. Black, Re
has presented to this Court a petition
setting forth that on the 1ith day of May,
\. D.. 1903, the said Great Western Mining
Honorable Zina H. 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 Gina II. Allbee, Judge Of
the Probate Court for the District of
Westminster: Comes the Great Western
Mining Il Manufacturing Co, l.. c. Black,
Receiver by Zed $. stanton, its attorney.
and respectfully represents: That on the
Sth day of July, a. D. 1895, the said petit
toner filed in the Circuit Court for the
Second Circuit of The United states
its Bill of Complaint against Il. ID. Harris,
of Brattleboro, Vermont, alleging therein
certain matters and things whereof the
said T. y. Harris was indebted to and un-
der liability to the Great Western Mining
&c Manufacturing Co. in a 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 i. ID.
Harris deceased and letters of admnistra-
tion on his estate were granted to Charles
\. Harris. Henry d. Holister and Sarah
Harris estate. by the Probate Court for
the said District of Marlboro: That
Commissioners and Appraisers were ap-
pointed by the said Court upon the said
estate of said Harris. and said Apprais
ers returned an inventory of the estate of
said Harris amounting to Sl09,329. so:
That SUCH proceedings were had that the
said Circuit Court on the 18th day of
March, y. "a 1902, did decree that the
said Il. D. Harris estate should pay the
Great Western Mining y Manufacturing
Co. the sum of $4,000 with interest from
October H. 1900. to the date of the said
decree: That thereupon the said Great
| Western Mining q Manufacturing Co,
aud the said estate of Il. ID. Harris. both
did appeal said cause to the United
said sum of $15.oOo nor said interest, or
any part of either has been paid That
the bonds filed by said executors with
said Probate Court We're merely nominal
bonds and as said petitioner is informed
ard believes were only for the sum Of
and inadequate to protect the claims and
demands of said petitioners That more
/ than one year has elapsed since letters of
administration on the estate Of b. ID;
Harris were granted as aforesaid and
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 ID. Hollister and Sarah
Is. Harris are low without the State of
l
toe cited to appear before the said Court
and renders an account of all and singular
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-
| uuate and sufficient bonds that the
| right OF said petitioner in and concerning
/ said estate may be fully protected; and
! further setting forth that after due notice
/ To the said estate of b. d. Harris. accord
/ ing to the Statute, and to the executors
! thereof. the said matter as applied for in
said petition, came on for hearing before
/ said Probate Court for said District of
Marlboro. the said Zina II. .Allbee, Judge
/ of Probate for the District of West
| Minister acting as Judge thereof under
| and by virtue Of the statute in such case
made and provided. at the Probate Office
on the l4th day of August. y d.. 1903,
and was then and there heard and then
continued until the 18th day of October,
/ 1908: That on said 18TH DAY of October.
/ 1908. the said Probate Court as aforesaid
! did render its decision in said cause and
/ dismiss said petition.
/ Western Mining Il Manufacturing Co, l..
| G. Black Receiver, by its attorney, Zed
$. stanton, person Interested and des-
decree. sentence and denial of said Pro-
bate Court as aforesaid. because of said
denial. order, sentence and decree OF
said Probate Court as aforesaid. consd-
ers itself injured thereby and appeals
from said decision of said Court to the
Il
fame within and for the County of Wind
ham on the 2nd Wednesday of April
1901: 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.
Harris estate.
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 appellant would prose
cute its appeal to effect and pay all costs
and intervening damages occasioneC
| thereby II was ordered that said appea
be allowed, and that said appellant give
notice of his said appeal and of the tern
of Court to which the said is returnabl,
to Charles a. Harris one of the EXecu
tors Of the estate of h. D. Harris, and C
c. Fits, Attorney for the executors o
said estate and for said estate. by caus
ing each of them to be served with ar
attested copy of said appeal and of this
order within twenty-one days from th
date. And said appellant is directed T.
give further notice of his said appeal anC
OF the term of Court to which the sale
is returnable, to Henry d. HOLSTER an,
Sarah II. Harris the other executors o
the estate of said B. d. Harris by caus
ing printed notices OF said appeal and o
weeks successfully in the Vernon
Phoenix. a newspaper printed at Brattle
boro in said Probate District, the last o
previous to the time when said executor
are required to appear, And said execu
tors are hereby directed to cause thei
appearance to be entered and dockete
with the Clerk of said Windham Count
Court within fourteen days after the ex
piration of said twenty-one, days.
Given under my hand and the seal q
( said Court this 26th day of October
a. l.. 1908.
ZINA H. ALLBEE,
| Judge of the Probate Court for the Dis
trict of Westminster. 4-46
, A true copy: Attest:
A. F. SCHWENK, Register.