The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-10-13
ORDER OF PUBLICATION.
Edward L. Bates
and I'M
Orion M. Barberf CHANCERY
VS..
Robina Gilfillian [ DECEMBER
John Gilfillian TERM,
Jessie Wilkins & ivy
James S. Lindley.

W IliLlNIAa0s ISuMc lu -. Ddltc tlllu
Orion M. Barber of Bennington in the
County of Bennington and State of
Vermont, have this day filed in the
Office of the Clerk of the Court of
Chancery for said County, a petition
for foreclosure against Robina Gilfl-
lian, John Gilfillian, Jessie wilkins
and James S. Lindley, setting forth in
substance that John Stewart of said
Bennington on the first day of Sep
TENDER. 1892 duly executed to Della
A. Lindley of said Bennington a mort
gage deed of certain land situate in
the Village OF Bennington in said
town of Bennington and in said mort
gage deed bounded and described as
follows:
Situate in the Village of Bennington
and bounded on the west by the high
way known as Dewey Avenue" in
said Village; on the south by lands of
Samuel Patterson; on the east and
north by lands of Charles +. and Eli
jah Dewey, together with the appur-
tenances thereof
Conditioned for the payment Of the
sum of Six Hundred Dollars specified
in four promisory notes. dated Sep
TENDER LIST, 1892, for the sum Of One
Hundred and Fifty Dollars each and
made payable to the order of said Del
ia Lindley in one, two, three and four
years after date thereof with interest
thereon payable annually according
to the tenor and effect of said notes;
and further conditioned to keep the
building then standing or thereafter
to be erected on the granted premi-
SEES insured and to well and truly pay
or cause to be paid to the said Della
A. Lindley, her heirs, executors, ad-
illustrators and assigns all costs and
necessary expenses and premiums of
insurance incurred and paid by her
and them as hereinbefore provided
with interest thereon payable annu-
ally, and which said notes so secured
by said mortgage as aforesaid are
now justly due and owing and have
not been paid according to the effect
of the same, except that certain pay
ments have been made on each of
said notes a sum in excess of six hun
dred and fifty dollars;
And your petitioners further show
that at the time of the execution of
said mortgage by said John w. Stew
art to said Della A. Lindley, to wit,
on the LIST day of September, 1892, the
said mortgage was the wife of James
S. Lindley then of said Bennington
and now resident of the state of
New York; that at the December
term, 1895 of Bennington County
Court the said Della A. Lindley was
divorced from the said James S. Lind
ley and that thereafterwards the said
Della A. and James S. Lindley duly
assigned the mortgage aforesaid To-
gether with the notes thereby secured
to William r. Morgan of said Ben
nington who thereupon became the le-
gal owner and holder thereof but such
assignment having been lost or mis-
laid and not of record. the said James
S. Lindley now claims an interest in
said described premises;
And your petitioners further show
that on the Goth day of October 1896
the said John Stewart by quit-claim
deed conveyed his interest in said des-
cribed premises to his daughters, Jes-
sic Stewart and Robina Stewart, said
| deed being of record in Book Go at
page GO of the land records of said
town of Bennington; that on the 27th
day of June 1905 the said Jessie Stew
art by deed conveyed her interest in
said premises toRobina (StewarD Gil
lillian and John Gilfillian, her hus-
| band, and Jessie Wilkins upon the ex-
press condition that such grantees,
| their heirs. executors, administrators
and assigns should well and faithfully
support and maintain her, furnish and
provide her a suitable home and home
comforts, suitable and necessary food
and raiment, fuel, lights, care and
nursing, medicine, medical and surgi-
cal attendance and any and all other
things necessary and needful for her
comfortable living according to her
rank and degree in life, for and dur.
ing the full term of the remainder of
her natural life, and should also pro
vide her q decent Christian burial and
erect a suitable memorial at her grave
after her decease; that on the Both
day of December, 1908 the said Jes-
sic Stewart deceased at said Benning-
ton unmarried and that from said 9th
| day of June, 1908 until the said 30th
day of December, 1908 the said gran
tees faithfully and well carried out
the conditions of such deed and since
the decease of the said Jessie Stewart
! have complied in full with the remain