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

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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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11. That there will be no money or personal property to come into the hands of such trustee, and no acts to be done or performed, except to make, sign, execute and deliver a deed to the property hereinbefore particularly described as contemplated by this petition. That a bond of $100.00 would be sufficient security to require of the said executor. That if for any reason petitioner should not be appointed as trustee under said will some other suitable and competent person should be appointed.

12. 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 since have 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. However, the Young Family Association is a voluntary association consisting of relatives of the said Brigham Young, deceased, including many of his descendants. That

one S. Dilworth Young is the president of said association and notice to said association in care of him as president thereof would bring notice to the members thereof and would afford notice to the descendants of said Brigham Young, or at least to such of them as would have any interest in the matter of this petition. That mailing of notice to the three daughters of said deceased and to the said association in care of said S. Dilworth Young, President, and posting as required by law would be sufficient notice. That the names and addresses of said daughters and said S. Dilworth Young are as follows:

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.

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WHEREFORE, petitioner prays that an order be made appointing him, or some other suitable person, trustee under the will and decree in the estate of 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 this petition to the parties named herein for the property herein described, and that upon execution of said deed the said trustee be entitled to be discharged. Petitioner prays for such further order as may be just and for general relief.

Thomas & Thomas Attorneys for Petitioner

STATE OF UTAH COUNTY OF SALT LAKE ss

Brigham S. Young, being first duly sworn, on oath deposes and says that he is the petitioner herein; that he has read said petition, knows and understands the contents thereof, and that the same is true of his own knowledge, except as to matters therein stated on information and belief, and as to those matters he believes it to be true.

Brigham S. Young

Subscribed and sworn to before me this 21st day of February, 1941.

D. H. Thomas Notary Public, residing at Salt Lake City, Utah.

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ESTATE OF Brigham Young Deceased

FILED IN THE CLERK'S OFFICE Salt Lake County, Utah FEB 21 1941 WILLIAM J. KORTH, Clerk 3rd Dist. Court By Parker B. Cady Deputy Clerk

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of land situate in Weber County, State of Utah, be and the same is hereby distributed to Lloyd E. Spaulding and Grace B. Spaulding as successors in interest of the said William H. Hooper and Horace S. Eldredge.

Dated and signed this 14 day of March, 1939.

P. G. Evans JUDGE

ATTEST WILLIAM J. KORTH CLERK

By Parker B. Cady Deputy Clerk

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