12. Case re-opened to convey deed and new trustee

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Proof of Mailing Notice to Heirs

STATE of UTAH COUNTY OF SALT LAKE ss.

In the matter of the Estate of Brigham Young Deceased, I Marguerite George being first duly sworn, on oath, say that I am a citizen of the United States, over the age of twenty-one, that on the 21st day of February 1941, I mailed full, true and correct copies of the annexed notice, by depositing the same in the U.S. Postoffice, at Salt Lake City, Utah, postage prepaid, to the following named persons and addresses, to-wit:

Mabel Sanborn 705 North 1st West Salt Lake City Utah Ruth Y. Healy 1220 Sherman Ave. do Utah Fanny Y. Clayton 204 East 7th South " Utah Young Family Association in care of S. Dilworth Young, President 1506 East 24th St. Ogden, Utah

Marguerite George Subscribed and sworn to before me this 21st day of February 1941. William J. Korth County Clerk, Salt Lake County, Utah By Packer B. Cady Deputy

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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.

DECREE CORRECTING DEED GIVEN BY DECEDENT AND CONVEYING ANY INTEREST WHICH ESTATE OF DECEASED HAS IN CERTAIN PROPERTY SITUATE IN WEBER COUNTY, STATE OF UTAH.

This matter came on regularly for hearing before the above entitled court upon the petition of Lloyd E. Spaulding and Grace B. Spaulding, and it appearing that they are husband and wife and are the owners of the following described tract of land situate in Weber County, Utah, to-wit:

A part of the Northwest Quarter of Section 8, Township 5 North, Range 1 West, Salt Lake Meridian, U.S. Survey, bounded and described as follows, to-wit: Beginning at a point 970.8 feet North 89 degrees 49' West and 916.52 feet South 38 degrees 21' West from the Northeast corner of said Quarter Section, and running thence South 53 degrees 04' East 396 feet; (thence South 38 degrees 21' West 132 feet; thence North 53 degrees 04' West 396 feet; thence) North 36 degrees 21' East 132 feet to the place of beginning, containing 1.2 acres,

and it further appearing that they acquired ownership to said property by a warranty deed dated August 11, 1932, from one Sarah Jarrell, which deed was recorded in the office of the county recorder of Weber County, State of Utah, on the 24th day of August, 1932, in the Book 117 of deeds at page 199; that the said Sarah Jarrell and her successors in interest obtained title to said land from and through Brigham Young Sen., and it further appearing that on the 10th day of March, 1850, the United States issued a patent to one Rufus Allen to the Northwest Quarter of Section 8, Township 5 North, Range 1 West, in Weber County, Utah Territory, which deed was recorded on the 4th day of July, 1872, in Book "G" of Deeds at page 494 in the office of the County Recorder of Weber County, and thereafter the said Rufus Allen and Mary Allen, his wife, conveyed the same by warranty deed to Brigham Young Sen., which deed was dated June 16, 1869, and was recorded December 4, 1869, in Book "E" of Deeds at page 17 in the office of the County Recorder of Weber County, Territory of Utah, and it further appearing that the land now owned by your petitioners is part of the land conveyed in said deed; that thereafter, to-wit: on the 23rd day of August, 1869,

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-2the said Brigham Young Sen. executed and delivered a warranty deed to William H. Hooper and Horace S. Eldredge to a half interest in 110 acres of land in the Northwest quarter of Section 8, Township 5 North, Range 1 West, District of Utah, and it also appearing that a petition for probate of the will of the deceased was filed in the Probate Court of Salt Lake County, Territory of Utah, on the 4th day of September, 1877, and an order admitting said will to probate was made on the 19th day of September, 1877, and by said order George Q. Cannon, Brigham Young, and Albert Carrington were duly appointed executors and trustees of the estate of the decedent on the 3rd day of October, 1877; that on the 6th day of October, 1877, said parties qualified as executors and trustees and after their qualification they caused an inventory and appraisment to be made and filed in this matter, which report and appaisal set up the fact that Brigham Young was the owner of an undivided one-half interest in and to the Northwest quarter of Section 8, and describing the same as, "All that portion of the Northwest Quarter of Section 8 lying South of the Center of the Territorial Road leading from Taylor's Mill to Ogden City, containing 110 acres," and it further appearing that thereafter said executors and trustees on the 15th day of June, 1878, deeded an undivided one-half interest in the aforesaid tract of land to the heirs and devisees of said deceased in accordance with the will of the decedent, which deed was recorded in the office of the county recorder of Weber County on the 3rd day of December, 1889; that thereafter by successive conveyances the said heirs and devisees of the deceased conveyed the undivided one-half interest in said land that they had acquired by the will of the decedent to William H. Hooper and Horace S. Eldredge, so that the said William H. Hooper and Horace S. Eldredge acquired title to all of said 110 acres of land owned by the decedent in the Northwest Quarter of Section 8 aforesaid lying South of the center of the Territorial Road leading from Taylor's Mill to Ogden City, containing 110 acres; that the land now owned by the petitioners herein is situate in the 110 acres aforesaid, and it further appearing that the land which was conveyed by the said Brigham Young and the executors and

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trustees under his will and the heirs and devisees of said Brigham Young to the said William H. Hooper and Horace S. Eldredge lies south of what was formerly designated the Territorial Road and is now known as the state highway from Riverdale to the South boundary of Ogden City and is a part thereof, and it further appearing that the estate of Brigham Young has no interest in the land now owned by your petitioners by reason of the aforesaid conveyance made by him and later by the executors and trustees of his estate, and that it was intended by the said Brigham Young and the said executors and trustees of his estate to convey to the said William H. Hooper and Horace S. Eldredge all interest which they had in the property which is now owned by the petitioners herein, and it also appearing that all of the executors and trustees and their successors have died but that said estate has never been finally closed and settled, and that a decree of this court should be made and entered showing that the said Brigham Young and his estate have no right, title, or interest in and to said land by reason of the conveyances aforesaid, and that the land now owned by the petitioners herein is included in said land so conveyed by the said Brigham Young and his executors and trustees, now, therefore,

IT IS ORDERED, ADJUDGED, AND DECREED that the said Brigham Young and the said executors and trustees under his last will and testaments conveyed to William H. Hooper and Horace S. Eldredge all the right, title, and interest which he, the said Brigham Young, and his estate had in and to the following described tract of land situate in Weber County, Utah, to-wit:

A part of the Northwest Quarter of Section 8, Township 5 North, Range 1 West, Salt Lake Meridian, U.S. Survey, bounded and described as follows, to-wit: Beginning at a point 970.8 feet North 89 degrees 49' West and 916.52 feet South 38 degrees 21' West from the Northeast corner of said Quarter Section, end running thence South 53 degrees 04' East 396 feet; thence (South 38 degrees 21' West 132 feet; thence North 53 degrees 04' West 396 feet; thence North) 38 degrees 21' East 132 feet to the place of beginning, containing 1.2 acres.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that whatever interest the said Brigham Young and his executors and trustees under his last will and testament have in and to the above described tract

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In the District Court, Probate Division, IN AND FOR SALT LAKE COUNTY, STATE of UTAH

In the matter of the estate of Brigham Young Deceased

Order fixing time for hearing petition for order appointing trustee

Upon reading and filing the petition of Brigham S. Young praying for the issuance to himself of some other suitable person of Letters of Trusteeship under the will in the estate of the said Brigham Young Deceased. It is ordered that Wednesday the 5th day of March A.D. 1941, at ten o'clock A.M. at the County Court House in the Court Room of said Court, in Salt Lake City, Salt Lake County, Utah, be and is hereby appointed for the hearing of the petition and that due notice thereof be given by posting notices in three public places viz: west front entrance of the County Court House, 33rd So. & State Sts., and in the post office in Murray, Salt Lake County, Utah, for the period of ten days prior to said 5th day of March A.D. 1941.

WITNESS the Clerk of said Court with the seal thereof affixed this 21st day of February A.D. 1941. William J. Korth Clerk By Parker B. Cady Deputy Clerk.

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