08. Objection of Jennette R. Y. Snell and Settlement with Church of Jesus Christ of Latter-day Saints

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In the Probate Court for the County of Salt Lake and Territory of Utah.

In the matter of the Estate of Brigham Young deceased

And now comes Jennette R. Y. Snell, a devisee named in the will of the deceased, and objects to the allowance and confirmation of that part of the Report and accounts of the Executors of the last will of the deceased which relate to the distribution of a portion of said Estate to class five (5) named in said will; and as the grounds of this objection and also by way of petition for the affirmative relief herein after prayed, she shows the following facts: That about three years prior to the death of said testator, by deed only executed and delivered, and expressing an adequate consideration, to conveyed to Feramorz Little of Salt Lake City, park of Lot five (5) in Block seventy four (74) Plot "A" Salt Lake City Survey, commencing at a point two hundred (200)

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South from the Northwest corner of said lot, thence measuring East ten (10) rods, thence South one hundred and seven (107) feet and six (6) inches, thence West ten (10) rods, thence North one hundred and seven (107) feet and six (6) inches to the place of beginning, situated in the City and County of Salt Lake and Territory of Utah. That on the 24th day of October 1874 by deed duly executed and delivered, and expecting a consideration of twelve thousand (12000) the said Feramorz Little conveyed the same promises to Clara Decker Young, the head of said class five mentioned in the will of the testator, and the mother of the children named in said class, and the petitioner is the same person called Jennette Richards Young Snell in said will in class five, and a daughter of the said Clara Decker Young. The last named deed was filed for escrow in the office of the Recorder of Salt Lake County on the 22nd day of October 1874, and is recorded in Book "I" of deeds on pages 877, and 878, and from the time of the execution thereof until after the death of the testator, the said Clara Decker Young, mother of petitioner occupied said conveyed premises as her own and in her own right as owned thereof. That the executors of said testator, erroneously considered and treated the said conveyed premises as a part of the Estate of the testator, and in the distribution, by them made & reported to this Court, of said estate

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filed for escrow in the offices of the Recorder of Salt Lake County on the 22nd day of October, 1874, and is recorded in Book "I" of deeds on pages 877, and 878, and from the time of the execution thereof until after the death of the testator, the said Clara Decker Young, mother of petitioner occupied said conveyed premises as her own and in her own right as owner thereof. That the executors of said testator, erroneously considered and treated the said conveyed premises and a part of the estate of the testator, and in the distribution, by them made & reported to the Court, of said estate to the heirs and devisees, and by which proptery of the appraised value of $18000 was allotted to some, and of the appraised value of $21,000 to others, the said premises above described were erroneously charged to class five named in said will as the sum of nine thousand (9000) dollars, and thereby your petitioner as a part of the $18,000 allotted to her, was charged with one third of said sum, to wit $3000, the said charge being made upon the basis that, and as if, said premises were a part of the estate of the testator and subject to allotment, and distribution under his will,

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and thereby your petitioner recieved property valued at $15000 instead of property of the valuation of $18000 which she was entitled to receive in said distribution, and by reason of the error aforesaid the distribution was unequal, and she is still entitled to receive out of said estate, the sum of three thousand dollars as the balance of her equal proportion in said distribution.

Your petitioner therefore prays, that her objection to the allowance of the report of said executors to the extent appraised may be sustained that said executors may be credited with only the sums of $15000 as, distributed to her, instead of $18000, and that they be adjudged to pay her out of said estate the further sum of $3000, the balance after equal proportion on said distribution, and for such other and further order and judgement as may be proper Dated Oct. 29, 1879

Jennette R. Y. Snell

Territory

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and judgement as may be proper. Dated Oct. 29, 1879

Jennette R. Y. Snell

Territory

Last edit about 3 years ago by agcastro
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