The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1914-06-09
ELLINGWOOD SAYS
DEED WAS ILLEGAL
Not Joined with Wife in Conveyance OF
Property in Vernon Says Sons
Wife Has Taken Possession.

Sumner Ellingwood, 20 years of ace
and in feeble health, has filed in the
chancery court a bill seeking to reeov.
er possession of his homestead place Il
in Vernon, which it is alleged was
wrongfnlly decided away from him. The
papers are signed by John Z. Gale, as
guardian of MIR. Ellingwood and the de-
PENDANTS named are Armon u. Filing II
wood, the orators son; his wife, AIDE. II
laide ). Ellingwood, who was exeeu-
trix of the will of Fanny Ellingwood. Il
wife of the orator; Edith Z. Filing 1
wood, daughter of Armon, all of Green
held, Mass, and Ellen NJ. Reed of Yer
non, who executed a deed of the
property.
The papers allege that Sumner Filing |
wood on Sept i, 1902, owned a home
stead in Vernon and that he was then |
IN feeble health and was warned by his
! physician that he probably would not
live long. On Sept %, 1902, he made
over his property to Ellen NJ. Reed
wife of NJ L. Reed of Vernon, and
she delivered what purported to be a
re+eonveyance of the property to Fan
ny Ellingwood, wife of the orator, but
without the joining of her husband in
the act, he says.
1t is further alleged that on Nov. 10,
/ 1913, Fanny Ellingwood became i'll and
was removed by her son to his home in
Greenfield, where she died Dee. 4, 1913;
That there was presented to the pro-
bate court for the district of Marlboro
Jan. 3, 1914, and allowed Jan. 81, 1914,
a paper purporting to be the last will
/, and testament of Fanny Ellingwood.
BY this paper she conveyed to her
son, Armon, 800 and to her grand
daughter, Edith f. Ellingwood, $50. All
, the rest of the estate was conveyed to
+ Adelaide s. Ellipgwood, her daughter
in-law, on the condition that she pro-
vide the testator's husband, Sumner
, Elingwood. a good home in her own
family and furnish all things necessary
for his comfort in sickness and IN
health, including nursing and physi-
clans for and during the full term of
his natural life and pay his funeral
: expenses and place a suitable head
: stone at his grave. The will further
!, provided that the executriX be exempt
. from furnishing a bond. The viii was
Y executed Nov. 10, 1913.
0 The orator alleges that the property
5 was bequeathed to the eXecutriX with
n no provision for the use and occupancy
BY the orator and that the homestead
: belongs to him; that he is infirm ano
: desires to remain there.
q He further declares that Adelaide
+ Elingwood has taken possession anC
4 has leased the property and plans K
) collect the rentals therefrom and 70,
her own use. He claims that the de
= PENDANTS acted wrongfully in reeeivin:
/ end holding and in failing to execut'
I and deliver a proper deed and tina
!; such wrongful act works irreparabl
u injury to him.
L lie asks that the deed by Ellen NJ
t Reed to Fanny EllingwOod be declares
q null and void and that Ellen Nj. Rec
be ordered to execute a proper deed o
% the property and that Adelaide 5. FL
IS ingwood be ordered to pay over to tn
ID orator such sums as she may have co
n. leeted or may collect from the renta
a of the property.