06. Court filings from or about heirs

In the District Cout of the Third Judicial District of Utah Territory. County of Salt Lake.

Emaline A. Young on behalf of herself and the heirs at law and legatees and beneficiaries under the last will and testament of Brigham Young late of Salt Lake County, Utah Territory deceased. Plaintiff vs. George Q. Cannon Albert Carrington and Brigham Young, executors of the last will and testament of Brigham Young late deceased and John Taylor John Sharp Edward Hunter Horace S. Eldredge George Goddard Leonard W. Hardy, Theodore McKean Joseph C. Kingsbury and Angus M. Cannon. Defendants

Our reading and filing complaint in the above entitled action and affidavit accompanying same and without notice to defendants or any or either of them, the particular facts of this case, in the opinion of the court, being such as to justify and require the action herein without such notice and good cause appearing threfor on motion of Gilford and Fagan and

Sutherland and McBride attorneys for said plaintiff it is Ordered that William S. McCormick and Michael Shaughnessy be and they are hereby appointed Receivers of all the property, real and personal, and assets of Brigham Young late of Salt Lake County, Territory of Utah deceased and the rents issues and profits thereof. And it is ordered that the defendants George Q. Cannon Albert Carrington and Brigham Young executors of the last will and testament of said Brigham Young deceased John Taylor John Sharp, Edward Hunter, Theadore McKean Horace S. Eldredge, George E. Goddard, Leonard W. Hardy, Joseph Kingsbury and Angus M. Cannon do severally deliver over to such receivers and of their demanding the same all such property and assets of whatsoever name, nature or kind and whenever [?] in that the said Receivers jointly and severally be empowered and directed to take into their or his possessions all the said property and assets, and to report to and file in this action a schedule and inventory thereof, and afterwards to take, receive and report any additional property or assets which may come to their knowledge and thenceforth safely keep the many and other personal property so received subject to the order and directions of this

Sutherland and McBride attorneys for said plaintiff etc. as ordered.

Ordered that William S. McCormick and Michael Shaughnessy be and they are hereby appointed receivers of all the property, real and personal, and assets of Brigham Young late of Salt Lake County, Territory of Utah deceased and the rents issues and profits thereof.

And it is ordered that the defendants George Q. Cannon Albert Carrington and Brigham Young executors of the last will and testament of said Brigham Young deceased John Taylor John Sharp, Edward Hunter Theodore McKean Horace S. Eldredge, George E. Goddard, Leonard W. Hardy, Joseph C. Kingsbury and Angus M. Cannon do severally deliver over to such receivers and of their demanding the same all such property and assests of whatsoever name, nature or kind and wherever situated. That the said receivers jointly and severally be empowered and directed to take into their or his possession all the said proeperty and assets, and to report to and file in this action a schedule and inventory thereof, and afterwards to take, receive and report any additional property or assets which may come to their knowledge and thenceforth safely keep the many and other personal property so received subject to the order and directions of this

Court; and that the said receivers or one of them do collect all rents profits and income which shall arise from the same - and that they or one of them do let and lease such of the real estate or other property of said estate as shall come to their possession and may thus be made productive. And in this manner and otherwise to manage the said property to make the same productive, subject to the order and direction of the Court - including the real estate described in said complaint and finally to pay, deliver over and account for such property and assests as shall be required by said Court.

It is further ordered that said receivers severally give bonds with sufficient sureties in the penal sum of One hundred thousand dollars ($100,000.00) for the faithful performance of their duties.

And good cause therefore appearing in and by said complaint and affidavits and each of them their agents, servants, and employees be and they are hereby enjoined and restrained as follows, to wit: the said George Q. Cannon, Albert Carrington and Brigham Young and each of them are hereby enjoined and restrained from from further acting in any manner as executors of the said estate of Brigham Young deceased, or from doing any act or acts or thing or things in such capacity as executors until further order.

of this court and that said parties are commanded to desist and refrain from in any manner with meddling with said estate or any part thereof or with any of the incomes, rent, issues assets or profits thereof or in any manner detaining or keeping any of the property or assets of said estate from the hands of the receivers appointed herein or either of them, or in anywise interfering with, hindering or delaying said receivers or in any manner preventing said receivers or either of them from or in discharge of their duties herein and that said executors until further order of this Court be and they are hereby suspended from acting as such executors.

And it is further ordered in this behalf that that the defendant John Taylor as Trustee in Trust of the Church of Jesus Christ of Latter day Saints or otherwise and the other defendants herein and each of them be and they are hereby ordered and commanded to desist from, and refrain from selling encumbering or disposing of in any manner any of the property either real or personal mentioned or described in the complaint herein or any part thereof or from in any manner possesing or interfereing with said property or with any part thereof or with the rents issues or profits