1869. Emily’s Petition for a change in Trustee
This petition was found as `Exhibit C', one of the supporting documents for the court case Bailey vs. Close. It has been copied into its own section for clarity.
May 14, 1869. Petition.
To the Probate Court for the District of Ridgefield:
The application of Emily K. Bailey of Ridgefield in said District respectfully represents:
That she is the wife of Halcyon G. Bailey of said Ridgefield
that she is owner in her own right of a large amount of Real and Personal estate and property, which is her separate property and of the income of which her said husband Halcyon G. Bailey is by law Trustee; That the said Halcyon G Bailey as such Trustee has wholly neglected and refused to perform the duties incumbent upon him as such Trustee, and has failed to apply the proceeds and income of said separate estate to the support and maintenance of your petitioner and her child as by law required.
And said petitioner further says that the said Halcyon G. Bailey her husband, claims as his own large portions of her separate real and personal estate, so that the interests of the said Halcyon G. Bailey as an individual and as Trustee of his wife are wholly opposed, that when her said property was attached as and for his debts, on suits against him the said Halcyon G. Bailey he the said Halcyon G has wholly refused and neglected to have the same replied, or in any way restored to his said wife or to assist her in the restoration of the same; That when suit
was brought for taking the title of a large portion of the Real Estate now standing in her name, and deeded to her the said Emily K. Bailey and putting the title in the said Halcyon G. Bailey, the said Halcyon G. Bailey wholly neglected and refused to defend the rights and interests of his said wife, the petitioner, in said suit that when her earnings and the part of her personal service and the crops gathered from her said separate Real Estate were attached as his property unlawfully yet the said Halcyon G. Bailey: did not protect and defend the same, or institute proceedings to recover the same -- but directed them to be attached as his property.
And your petitioner further represents, that on or about the 24th day of October 1864 the said Halcyon G. Bailey executed certain notes in favor of Jordan L. Bailey of the City County and State of New York of the value of one thousand dollars, and to secure the payment of the same and other debts did afterwards on or about the 16th day of February 1869 executed to said Jordan L. Bailey a deed of about forty three acres of land situated in the parish of Ridgebury in said town of Ridgefield Bounded Southerly by land of Allen Rundle and partly by highway in all other sides. Known as the Sherwood Farm. The proper and separate estate of the said Emily K. Bailey in violation his trust and his duty as trustee of his wife's property and has neglected and refused to defend against an action of foreclosure brought by the said Jordan L. Bailey against the said Halcyon G now pending in the Supreme Court for Fairfield County. On account of which incapacity to execute the trust, devolving upon him as her husband to protect the property aforesaid. by reason of the opposing interest he has or claims to have therein and the neglect refusal and waste aforesaid, the petitioner prays that said Halcyon G. Bailey may be removed and divested of his power as trustee of her property, and some other meet person be appointed in his stead.
Dated Ridgefield May 14th AD 1869
Emily K. Bailey
May 14, 1869. Notice.
At a probate court holden at Ridgefield within and for the district of Ridgefield on the 14th day of May 1869
Present Hiram K. Scott Esq Judge
Upon the foregoing application of Emily K. Bailey of said Ridgefield this day presented to this Court. Ordered that said application be heard and determined at the Probate office in Ridgefield on the 22d day of May AD 1869 at 11 o'clock in the forenoon of said day And that notice thereof be given the said Halcyon G. Bailey, by leaving with him or at his usual place of abode by some competent authority a true and attested copy of the fore going application and this order of notice at least six days before said assigned day.
Hiram K. Scott Judge
To the Sheriff of the County of Fairfield his deputy or either of the constables of the Town of Ridgefield in said County
Greeting
By authority of the State of Connecticut You are herely commanded to summon Halcyon G. Bailey named in the fore going application to appear before a Probate Court to be holden at the Probate office in Ridgefield within and for the District of Ridgefield on the 22d day of May A.D. 1869 at 11 o'clock in the forenoon, - by leaving with him or at his usual place of abode a true and attested copy of said application, orders of notice, and this warrant, at least six days before said assigned day.
Here of fail not but due service and return make according to law
Dated Ridgefield this 14th day of May 1469
William Lee Justice of the peace
May 14, 1869. Return.
Fairfield County S.S. Ridgefield
May 14th 1869
Then I made service of the within application & order by leaving a true and attested copy of the same at the abode of the within named Halcyon G. Bailey
Attest
Affd. A Heach
Fees Deputy Sheriff
27 miles to serve & return 2.70
1 copy 1.25
2 Endorsement .25
Service .12
$4.32
May 22, 1869. Adjourned until May 31
At a Probate Court holden at Ridgefield within and for the District of Ridgefield on the 22d day of May 1869-
Present Hiram K. Scott, Judge, holding said Court-
In the matter of the Petition of Emily K. Bailey Wife of Halcyon G. Bailey of said Ridgefield for the removal of her said Husband Halcyon G. Bailey as trustee of her property, and the appointment of some other person as trustee – This court having heard the Parties to the said petition and enquired into the facts of the case Adjorned the court until the 31st day of May 1869 at 1 o'clock P.M.
Attest Hiram C. Scott
Judge
May 31, 1869. Judgement
At a Probate Court holden at Ridgefield within and for the District of Ridgefield (pursuant to the foregoing Adjournment) on the 31st day of May 1869
Present Hiram K. Scott Judge holding said Court.
This court finds the material averments in the Petition of the said Emily H. Bailey to be true, and that said Halcyon G. Bailey has become incapable of executing said trust as set forth in said petition and has neglected and refused to perform the duties of said trust Estate and has neglected and refused to apply the income thereof to the support of his wife said Emily K. Bailey and her only child-
This Court therefore orders that the said Halcyon G. Bailey be removed from his trusteeship- and appoints James E Hayt of said Ridgefield Trustee of the Property of Emily K. Bailey first giving Bonds in the sum of Two Thousand Dollars for the faithful performance of said trust.
And from which judgment the said Halcyon G. Bailey appears to the Superior Court next to be holden at Danbury within and for the County of Fairfield on the second Tuesday August next and the said Halcyon G. Bailey as principal and George V.R. Hunt of said Ridgefield as surety became recognized in the sum of two Hundred Dollars to Hiram L Scott Probate Judge of said Court or his successor in Office - condition that the said Halcyon G Bailey prosecute this appeal to effect and answer all damages in case he fail to make his plea good– which appeal is allowed
Hiram K. Scott
Judge
Probate Court District of Ridgefield Ridgefield May 31st 1869
the within and foregoing is a true Copy of the Original Petition Citation return and Judgement &c in the Case of Emily K Bailey vs Halcyon G Bailey
Attest
Hiram K. Scott
Judge