11. Appointment and reports of successors to trustees

IN THE DISTRICT OF THE THIRD JUDICAL DISTRICT IN AND FOR THE COUNTY OF SALT LAKE, STATE OF UTAH. IN PROBATE.

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

PETITION FOR THE APPOINTMENT OF SUCCESORS TO DECEASED TRUSTEES.

Comes now the Salt Lake Investment Company, a corporation by Patterson & Moyer its attorners and resepectfully shows to the court: That on or about the 19th day of September A. D. 1877 the will of Brigham Young was duly admitted to probate in this county. That under and by virtue of the torns 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 provisons, being respectively paragrpahs 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 their shall be the executors or Executor or Trustees of 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 survivor of the

Executors of my will or substitued trustee who sall have next before died shall be the Executors or Executor Trustees or Trustee of my will and so back until an exectuor 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 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 esates 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 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.

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 or the said Brigham Young.

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

That by mense conveyances The Salt Lake Investment Company, the petitioner herein has become the owner of said described property.

That owing to the fact that there are a very large number of the heirs of Brigham Young and that they are scattered.

throughout different portions of the world and that it is impossible to secure either a complete list of said heirs or the places of their residence and it is impracticable to perfect the title to the real estate hereinbefore described by an action to quiet title against the heirs of Brigham Young.

WHEREFORE your petitioner prays that the executors of the last will and testament of George Q. Cannon, Lewis T. Cannon, Hugh J. Cannon, John M. Cannon and Tracy Y. Cannon be appointed trustees of the estate of Brigham Young, deceased for the sole purpose of executing and delivering to your petitioner a deed to the real estate hereinbefore described conveying all the right, title and interest of the late Brigham Young in and to said described property. That said trustees for said specific purpose be requried to give no bond and upon the confirmation and approval of their report reporting said deed to have been executed and delivered that said trustees be discharged.

Patterson & Moyer Attorneys for Petitioner

State of Utah County of Salt Lake

I, A.T. Moon, being first duly sworn depose and say that I am an officer to-wit: the president of The Salt Lake Investment Company, a corporation, petitioner herein; that I have read the foregoing petition and know the contents therefor and that the statements therein contained are true of my own knowledge except as to those made on information and belief and those I believe to be true.

CONSENT TO ACT. We, Angus J. Cannon, Sylvester Q. Cannon, Lewis T. Cannon, Hugh J. Cannon, John M. Cannon and Tracy Y. Cannon, executors of the last will and testament of George Q. Cannon, deceased hereby content to the appointment as trustees of the estate of Brigham Young, decesased for the purpose set out in the within petition.

Angus J. Cannon Sylvester Q. Cannon Lewis T. Cannon Hugh J. Cannon John M. Cannon

No. 553

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.

PETITION FOR THE APPOINTMENT OF SUCCESORS TO DECEASED TRUSTEES.

FILED IN THE CLERK'S OFFICE SALT LAKE COUNTY, UTAH Dec 22 1905

J.U. Eldredge, Jr. Clerk 3d Dist.Court. By______

Patterson & Moyer, Attys for Petitioner.