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

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1621-160143_0998
Indexed

1621-160143_0998

No. 553

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 Letters for Trustee

Filed in the Clerk's Office February 21st 1941. William J. Korth Clerk By Parker B. Cady Deputy Clerk

Last edit about 3 years ago by agcastro
1621-160143_0999
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IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY STATE OF UTAH

In the Matter of the Estate of BRIGHAM YOUNG, Deceased.

No. 553 ORDER OF HEARING PETITION

On reading and filing the petition of Brigham S. Young praying that an order be made appointing him or some other suitable person trustee under the will and decree in the estate of the above named Brigham Young, deceased, that said order provide that, when appointed and qualified, said trustee, without any further order of the court herein, make, execute and deliver a deed or deeds, as contemplated by said petition to the parties named therein, for the property described in said petition, and that upon execution and delivery of said deed the said trustee be entitled to be discharged, and for such further order as may be just and for general relief; and, It appearing to the court from said petition and from further examination that the names, addresses and relationship of the heirs of said Brigham Young, deceased, were stated in the original petition for probate of his will, that all said heirs have since died except his three daughters hereinafter named; that the descendants of his deceased heirs are so numerous that it would be impracticable if not impossible to ascertain and state their names and addresses so as to mail notice to them; that the Young Family Association is a voluntary association consisting of relatives of said Brigham Young deceased, including many of his descendants; that S. Dilworth Young is the president of said association and notice mailed to said association in care of him as president thereof would bring notice to the members thereof and would afford notice to the

Last edit about 3 years ago by agcastro
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descendants of said Brigham Young, deceased, or at least to such of them as would have any interest in the matter of this petition. That posting notices as required by law and mailing notices to said three daughters of said deceased and to said association in care of said S. Dilworth Young, President, would be sufficient notice:

NOW THEREFORE, it is hereby ordered that said petition be and is set for hearing Wednesday, the 5th day of March, 1941 at 10 AM. at the court room of this court in the City and County Building in Salt Lake City, Utah; that the clerk give notice of such hearing, containing a description of the property described in said petition, by posting as required by law and by mailing to the following, to-wit:

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

Done in open court at Salt Lake City, Utah this 21 day of February, 1941.

A. H. Ellett District Judge

Attest William J. Korth Clerk By Deputy Clerk

Last edit about 3 years ago by agcastro
1621-160143_1001
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IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY

STATE OF UTAH

In the Matter of the Estate of BRIGHAM YOUNG, Deceased.

No. 553

PETITION FOR ORDER REOPENING ESTATE AND DIRECTING A CONVEYANCE

The petition of Brigham S. Young, a resident of Salt Lake City, Salt Lake County, Utah, shows to the court:

1. That in his lifetime, said Brigham Young was the owner of the following described real estate in Salt Lake County, Utah, to-wit:

Beginning at the Northeast corner of Block 7, Rosslyn Heights, and running thence South 0 degrees 08' 32" West 1148.32 feet to the Southeast corner of Lot 5, Block 1, said Rosslyn Heights; thence West 27.2 feet; thence North 1148.32 feet to the North line of said Block 7; thence East 28 feet to the point of beginning.

2. That said Brigham Young died in the month of August, 1877, leaving a last will and testament which was duty admitted to probate and the probate proceedings thereof were in all respects duly and regularly had.

3. That Brigham Young, Jr., a son of said deceased, George Q. Cannon and Albert Carrington, who were named in the said will as such, were duly appointed executors and trustees thereof and qualified and performed the duties of their trust.

4. That in the due course of probate of said will and in full conformity with the provisions thereof and of the law, said executors by deed conveyed to Mahonri M. Young certain real estate described in said deed. That said deed was dated June 15, 1878 and recorded June 17, 1878 in Book "M" of Deeds at page 846 in the office of the County Recorder of Salt Lake

Last edit about 3 years ago by agcastro
1621-160143_1002
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County, Utah. That is was the intention and purpose to include in said deed and to convey the property hereinbefore particularly described, but by inadvertence and mistake that said property was omitted from said deed.

5. That upon the execution of said deed, the said Mahonri M. Young went into the possession of the property described in said deed together with all that hereinbefore particularly described claiming ownership thereof in fee. Thereafter he conveyed said property including that particularly described and the same passed by mesne conveyances until it became vested in and owned by one Mary J. Smith as a remote grantee of the said Mahonri M. Young.

6. That while said Mary J. Smith was the owner of said property she duly and lawfully platted the same, including that above particularly described, into what now is known as Rosslyn Heights and thereafter sold diverse lots or portions thereof which by mesne conveyances have passed to and now are owned by diverse persons. That by mesne conveyances Zion's Savings Bank and Trust Company, a corporation, has succeeded to and now is he owner of a portion of the said property, to-wit, the North 50 feet of Lot 3 and all of Lot 5, Block 7, Rosslyn Heights aforesaid, a portion of which is included in that particularly described. That the remainder of said property particularly described has passed by mesne conveyances and now is owned by diverse persons who are the successors in title and interest of the said Mary J. Smith.

7. That not until recently did the owners of said property discover that said property has been omitted from the deed by the executors of said Brigham Young, deceased, to the said Mahonri M. Young. That is now necessary to obtain a deed from the estate of Brigham Young, deceased for the property hereinbefore particularly described. That such deed should

Last edit about 3 years ago by agcastro
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