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

a/702

553

ESTATE OF Brigham Young

FILED IN THE CLERK'S OFFICE Salt Lake County, Utah MAR 8 -1939 WILLIAM J. KORTH, Clerk 3rd Dist. Court By Parker B. Cady Deputy Clerk

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. 533

Notice

The petition of Brigham S. Young, filed in this court, praying that an order be made appointing him, or some other suitable and competent person trustee under the will and decree in the estate of the above named Brigham Young, deceased, and 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 and for the property described in said petition, and described as follows: Beginning at the Northeast corner of Block 7, Rosslyn Heights, and running thence South 0 degrees 8' 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, in Salt Lake County, Utah, and that upon execution and delivery of such deed or deeds the said trustee be entitled to be discharged, and for such further order as may be just and for general relief, has been set for hearing on Wednesday the 5th day of March, 1941 at 10:00 A. M. at the court room of this court in the City and County Building in Salt Lake City, Utah.

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.

(SEAL)

Thomas and Thomas, Attorneys.

PROOF OF POSTING

J. B. Lewis, being first duly sworn deposes and says; that he is a citizen of the United States, over the age of 25 years; That he posted three copies of the hereto attached notice on the 21st day of February A. D. 1941, 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, State of Utah. That said notices remained posted for ten days. J. B. Lewis Subscibed and sworn to before me this 4th day of March A. D. 1941. William J. Korth, Clerk. By Parker B. Cady Deputy Clerk.

32 A-702 553

ESTATE OF Brigham Young Deceased

FILED IN THE CLERK'S OFFICE Salt Lake County, Utah March 4th 1941 WILLIAM J. KORTH, Clerk 3rd Dist. Court By Parker B. Cady Deputy Clerk

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 DIRECTING CONVEYANCE

The petition of Brigham S. Young filed herein praying 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: and 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 to the partied named herein for the property herein described, coming on regularly for hearing and it appearing to the court that due and legal notice of the hearing on said petition has been given as required by law and the order of this court, and the court now finds upon examination that said notice is in all respects sufficient and is complete and the same is hereby approved and declared valid; the court having considered the said petition and the evidence and being fully advised in the premises; and,

It appearing to the court 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.

That said Brigham Young died leaving a last will and testament which was duly admitted to probate and the executors and trustees therein named duly performed the duties of their trust; the estate of said deceased was duly probated and the executors were discharged as executors but were continued as trustees under said will. That in due course of probate and in full conformity with the provisions of said will and of the law the 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 County, Utah. That it was the intention and purpose to include in said deed and to convey the property hereinbefore particularly described, but by inadvertence and mistake the said property was omitted from said deed. Thereafter the estate of said deceased was closed and the

CERTIFIED COPY ISSUED MO. 3 DAY 6 1941

executors were discharged as executors but were continued as trustees under said will to execute the trust provisions thereof and never were discharged as trustees. That all of said trustees thereafter died 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 order. That the execution of such a deed or deeds is within the perview and part of the trust provisions of said will. That said Mahonri M. Young went into possession of said property described in said deed together with all the hereinbefore particulary described claiming ownership thereof in fee. Thereafter he conveyed said property including that particularly described and the same passes 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;

That said Mary J. Smith duly platted said property including that above particularly described, into what is known as Rosslyn Heights and has conveyed certain portions thereof and the same have descended to and are owned by diverse persons. That Zion's Savings Bank and Trust Company is one of said grantees and is the owner of the North 50 feet of Lot 3 and all of Lot 5, Block 7, Rosslyn Heights, and the remainder of that particularly described is owned by said Mary J. Smith and/or her grantees or successors in title.

That not until recently did the owners of said property discover that the same had been omitted from the deed to Mahonri M. Young. That it now is necessary to obtain a deed from the estate of said Brigham Young for the property omitted from said deed to Mahonri M. Young, and it is necessary to appoint a new trustee to execute such deed or deeds. That the said petitioner Brigham S. Young is one of the persons designated in said will to be appointed as such trustee in case of a vacancy in the said trusteeship as hereinbefore set forth. That he is competent and consents to act as such trustee and is entitled to be appointed as such.

That there will be no money or personal property to come into the hands of said trustee and no acts to be done or performed except to make, sign, execute and deliver a deed or deeds as contemplated by this order. That a bond of $100.00 would be sufficient personal or corporate security.

WHEREFORE, it is hereby ordered and adjudged as follows:

1. That the said petition be and is hereby granted and that said Brigham S. Young is hereby appointed trustee under the will of the said Brigham Young, deceased, and that he qualify by taking the required oath and giving a bond in the sum aforesaid.

2. That when said Brigham S. Young has qualified as such trustee, then without any further order of this court herein, he as such trustee is hereby directed to make, execute and deliver an administrator's deed or deeds conveying to Zion's Savings Bank and Trust Company that portion of said property now owned by said company, to-wit, the North 50 feet of Lot 3 an all of Lot 5, Block 7, Rosslyn Heights and convey to said Mary J. Smith and/or her grantees or successors in title the remainder of the said described property as their several rights, titles and interests therein may be and appear.

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