11. Appointment and reports of successors to trustees

IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT IN AND FOR THE COUNTY OF SALT LAKE, STATE OF UTAH.

IN PROBATE.

In the matter of the estate of ) Brigham Young, deceased. ) SS

APPOINTMENT OF SUCCESSORS TO ALBERT CARRINGTON, GEORGE Q. CANNON, AND BRIGHAM YOUNG, JR.., TRUSTEES FOR THE SPECIFIC PURPOSE OF CONVEYING ALL THE RIGHT, INTEREST AND TITLE IN BRIGHAM YOUNG IN AND TO CERTAIN DESCRIBED REAL ESTATE TO THE SALT LAKE INVESTMENT COMPANY.

Now to-wit on this 23d day of December A. D. 1905 the above matter coming on for hearing on the application for the appointment of successors to deceased trustees and it appearing to the satisfaction of the court that on our about the 19th day of September A. D. 1877 the Will of Brigham Young was duly admitted to probate in this country.

That under and by virtue of the terms of said Will Albert Carrington, George Q. Cannon and Brigham Young, Jr., were appointed and constituted trustees under said Will and that they duly qualified and entered upon the duties of their said office.

That among other provisions of the Will so admitted to probate were the following provisions, being respectively paragraphs 37 and 39 of said Will.

NO. 37 I authorize my executors and trustees with the consent of the said mothers or mother surviving and of all their children of the age of 21 years to wind up and close the entire trust of my estate reserving and keeping at interest the shares of all minors until they shall respectively arrive at said lawful age, and the aquittances of said legatees shall be a full discharge to the executors and trustees and every trust shall be closed within 21 yrs. after the decease of the surviving mother of my children.

NO. 39 To prevent any failure of trustees should a surviving Executor or trustee original or substituted die leaving Executors or an executor they or he and the survivor or survivors of them shall be the executors or Executor or Trustees or Trustee to complete the trust of this will with all the authority and powers therein contained, and should the surviving Executor or Trustee have left no Executor or should he or they die before the complete execution of the Trust then the executors or the survivors or survivor of the Executors of my will or substituted trustee who shall have next before died shall be the Executors or Executor Trustees or Trustee of my will and so back until an executor of some executor of my will or Trustee shall be obtained if any exist who shall have the authority and powers aforesaid so that no vacancy in the trust may happen.

That each of the said trustees appointed under said Will to-wit: Albert Carrington, George Q. Cannon and Brigham Young, Jr. have since deceased and that no executors or trustees have been appointed for the estates of either Albert Carrington or Brigham Young, Jr..

That the duly appointed, qualified and acting executors of the last Will and Testament of George Q. Cannon, deceased are Angus J. Cannon, Sylvester Q. Cannon, Lewis T. Cannon, Hugh J. Cannon, John M. Cannon and Tracy Y. Cannon.

That during his life time Brigham Young sold and attempted to convey the following described real estate situate in the County of Salt Lake, State of Utah, to-wit:

Commencing 80 rods East of the Southwest corner of the Southeast quarter of Section 3, in Township 1 South of Range 1 West, Salt Lake Meridian, and running thence East 44 rods; thence North 28 rods; thence West 44 rods; thence South 28 rods, to the place of beginning.

Together with other lands, but that by some error in drawing the deed a portion of the lands conveyed was twice described in said deed and the land herein described was omitted from said description and that said error was not discovered during the life time of the said Brigham Young.

That the grantee of the said Brigham Young entered into the possession of said land and that the same has been held by said grantee and his successors in interest for more than thiry years.

That by mense conveyances the Salt Lake Investment Company, a corporation has become the owner of said described property.

That the following named executors of the last Will and Testament of George Q. Cannon, deceased to-wit: Angus J. Cannon, Sylvester Q. Cannon, Lewis T. Cannon, Hugh J. Cannon, and John M. Cannon have signigied in writing their consent to act as trustees of the estate of Brigham Young, Jr., deceased for the sole purpose of executing and delivering a deed to the premises herein described to the said Salt Lake Investment Company.

That Tracy Y. Cannon one of the executors of the last Will and Testament of George Q. Cannon, deceased is without the limits of the United States and for that reason is unable to act.

NOW THEREFORE it is hereby ordered that Angus J. Cannon, Sylvester Q. Cannon, Lewis T. Cannon, Hugh J. Cannon, and John M. Cannon be and they hereby are appointed trustees of the estate of Brigham Young, Jr., deceased successors to Albert Carrington, George Q. Cannon and Brigham Young, Jr.. For the sole purpose of executing and delivering to the Salt Lake Investment Company, a corporation a deed conveying all the interest which Brigham Young had at the time of his death in the following described premises to wit:

Commending 80 rods Easr of the Southwest corner of the Southeast quarter of section 8, in Township 1 south of Range 1 West, Salt Lake Meridian, and running thence East 44 rods; thence North 28 rods; thence west 44 rods; thence South 28 rods, to the place of beginning.

to the said Salt Lake Investment Company, a corporation and the said above named trustees be and they hereby are directed to execute and deliver to the said Salt Lake Investmemt Company, a corporation all the right, intereste and titled held by Brigham Young, Jr. at the time of his death in and to the premises herein last described.

That said trustees shall be required to give no bond and that upon the execution and delivery of said deed they are hereby directed to make a report to this court of their doings in the premises and upon the approval of such report they shall be finally discharged as such trustees.

Done in open court the day and year first above written.

George G. Armstrong Judge.

Attest, J.U. Eldredge, Jr. Clerk By W. H. Farnsworth Deputy Clerk

No. 553 IN THE DISTRICT COURT OF THE THIRD JUDICIAL

DISTRICT IN AND FOR THE COUNTY OF SALT LAKE, STATE OF UTAH

In the matter of the estate of Brigham Young, deceased.

APPOINTMENT OF SUCCESSORS, ETC.

Filed in the Clerk's Office Salt Lake County, Utah Dec. 23 1905 J.U. Eldredge, Jr. Clerk 3rd Dist. Court