1621-160143_1003

convey to Zion's Savings Bank and Trust Company, as the successor
in title of the said Mary J. Smith, that portion of said property
now owned by said company, and convey to said Mary J. Smith
and/or her grantees and successors in title the remainder of
the said described property as their several rights, titles and
interests therein may be and appear.

8. That by said will it was and is provided that to prevent
any failure of executors and trustees, should a surviving
executor or trustee, original or substitute, die leaving an
executor or trustee of his estate, such executor or trustee
shall be the executor or trustee of the estate of said Brigham
Young to complete the trust of the said will of the said Brigham
Young with all the authority and powers in said will contained.

9. That the estate of said deceased was duly probated
and the executors were discharged as executors but were continued
as such trustees under the will to execute the trust provisions
thereof and never have been discharged as trustees. That said
Brigham Young, Jr., George Q. Cannon and Albert Carrington since
have died thereby leaving a vacancy in the trusteeship and no
trustee to execute the unperformed provisions of said trust or
to execute a deed as contemplated by this petition. That the
execution of such deed is within the perview and part of the
trust provisions of said will.

10. That said Brigham Young, Jr., one of the said trustees,
was a son of said deceased and died leaving a last will and
testament, and petitioner, Brigham S. Young, was and is the sole
surviving executor of the said Brigham Young, Jr. and is a
grandson of the said Brigham Young, deceased. That petitioner
as the sole surviving executor of the said Brigham Young, Jr.
is designated by the will of said deceased to be appointed as
trustee thereof and is entitled to be appointed such trustee
under the said will of the deceased. That petitioner is
competent to act as such trustee and consents to act as such.

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