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

553

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

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.

PETITION TO CORRECT DEED AND FOR DECREE CONVEYING PROPERTY WITH PROPER DESCRIPTION.

Your petitioners, Lloyd E. Spaulding and Grace B. Spaulding, respectfully show:

(1) That they are husband and wife.

(2) That they 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 38 degrees 21' East 132 feet to the place of beginning, containing 1.2 acres.

(3) 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 Book 117 of deeds at page 199; that the said Sarah Jarrell and her successors in interest obtained title to said land from and thorough Brigham Young Sen.

(4) That on the 10th day of March, 1870, 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; that 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; that the land now owned by your petitioners is part of the land conveyed in said deed; that thereafter, to-wit: on the

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23rd day of August, 1869, the 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, which conveyance is in words and figures as follows:

"Be it known by these presents that I, Brigham Young, Sen., of Salt Lake City of the County of Salt Lake, Territory of Utah. the rightful claiment and owner of possession of the following described land lying in Township 5 North of Range 1 west, District of Utah, viz: A part of the Northwest quarter of Section 8, containing 110 acres, (and other lands), do for the sum of $2000.00 paid by William H. Hooper and Horace S. Eldredge of the City and County of Salt Lake, Territory aforesaid, the receipt whereof is hereby acknowledged, sell, release, quit claim and transfer, one undivided half of all my right of claim, interest and posession of and to aforesaid premises, and of all right, privileges and possession of and to aforesaid premises and all rights, privileges belonging to said William H. Hooper and Horace S. Eldredge, their heirs and assigns.

(Signed) Brigham Young, Sen. Witness: T. W. Ellerbeck H. K. Whitney

Acknowledged: On the 23rd day of August, 1869, Brigham Young, Sen., before James Jack, a Notary Public, in and for Salt Lake County, Utah Territory. (Notarial Seal).

(5) That thereafter a petition for probate of the will of the deceased was filed in the Probate Court of Salt Lake County, Utah Territory, on the 4th day of September, 1877, and an order admitting his will to probate was made on the 19th day of September, 1877; that 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 they qualified as such executors and trustees on the 6th day of October, 1877, and after their qualification they caused and inventory and appraisement to be made and filed in said matter, which report and appraisal 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 fron Taylor's Mill to Ogden City, containing 110 acres."

(6) That George Q. Cannon, Brigham Young, and Albert Carrington, as executors and trustees under the last will and testament of the decedent, on the 15th day of June, 1878, deeded an undivided

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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 dated June 15th, 1878, and recorded December 3, 1889, in Book 5 of Deeds at page 41, in the office of the county recorder of Weber County; that thereafter said persons by successive conveyances conveyed the undivided one-half interest in said land which they acquired from the deceased by the will of said decedednt and the deed afore mentioned, 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 which includes the land now owned by your petitioners herein.

(7) That the land which was conveyed by the said Brigham Young and his heirs and devisees 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 Ogden City and the land owned by your petitioners herein is a part thereof, but due to the indefinite description made in said deeds by the said Brigham Young and later by the said executors and trustees of the last will of said Brigham Young, and also his devisees under his will, to the said William H. Hooper and Horace S. Eldredge, it is necessary that this court make and enter an order and decree showing that the said Brigham Young and his estate has no interest in the land owned by your petitioners and that the land now owned by your petitioners was included in that tract of 110 acres lying south of the territorial road which the said Brigham Young and his devisees conveyed to the said William H. Hooper and Horace S. Eldredge; that your petitioners are informed that all of the executors and trustees and successors of them have died but that said estate has never been finally closed and settled.

WHEREFORE, your petitioners pray for an order and decree showing that the said Brigham Young and his estate has no right, title, or interest in and to the land hereinbefore described owned by your petitioners, and further for an order showing that the land owned by your petitioners was included in the one-half interest of land conveyed

to William H. Hooper and Horace S. Eldredge and also that the one-half interest in the land deeded by the estate of Brigham Young to his heirs and devisees which was later conveyed by the said heirs and devisees to the said William H. Hooper and Horace S. Eldredge includes the land now owned by your petitioners, and further that this court make a decree properly conveying or relinquishing any interest which the said Brigham Young or his estate may happen to have by reason of said records in and to the aforesaid land, and for such other and further relief as may be just and proper.

Lloyd E. Spaulding Grace B. Spaulding PETITIONERS

[?] ATTORNEY FOR PETITIONERS

STATE OF UTAH COUNTY OF WEBER -SS-

Lloyd E. Spaulding, being first duly sworn on oath, deposes and says: That he is one of the petitioners named in the above instrument; that he has read the same and knows the contents thereof, and that the same is true of his own knowledge except as to matters therein stated upon information and belief, and as to those matters he believes it to be true.

Lloyd E. Spaulding Subscribed and sworn to before me this 23rd day of February, 1939.

[?] Notary Public Residing at Ogden, Utah.

My commission expires February 16, 1941.