04. Orders and Claims

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Deen vs Cossens 7 Robt 178 Rayner vs Rayner 54 NH. 201,210,211 Belknap vs Belknap 5 Allen 468 Perry on Trusts 827 2 San Ch. Prac. 1770 [et leg?] 4th ed Utah Code Sec 144. Rothwell vs Rothwell 2 [Sim?] 218

The following sums they should be ordered to pay over to the receivers which they have now no right to credit for against the assets.

$50,677.37 retained by them for their compensation & also B. Young $18,000 recd. as his portion.

Tiff. & Bull on Trusts 852 Wardbass vs Armstrong 2 Stackt. 263 Frey vs Frey 2 C.E. Green 71 Palis vs Tice 28 N.J. Eq. 432 Robinson vs Pitt 2 Lead. Cas. in Eq. 424, 473 McKnight Et vs Walsh 24 N.J. Eq 498

So much of their sum as they retain for the breach of trust complained of should be paid over for the same reason that their assigns is subjected to the order. This was they say [?] [$361,170?] or $10,835.10.

They had no right to retain as they have done $24,460 for distributing $882,000 of the property of the estate to the devisees.

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See Sec. 4 & 37 of the will.

Interest

They should pay over also $10,938.45 for interest on unauthorized loans-

Lucich vs Medin 3 Nev. 93 In the Matter of the Estate of Millenovich 5 Nev. 189

Outlawed Claims

They should also pay over moneys which they retaim for payments or claims barred by the statute of limitations to the amount of

Voucher 239. barred $16,978.50 Sharp & D. $40.50 " 526 Z.C.M.I. $9,427.96 " 264 do. $4,984.52 $31,431.48

The allowance of such claims is void.

Rogers vs Rogers 3 Wend. 507 Peters vs Peters 8 Cush. 842 Beckett vs Selover 7 Cal. 241 Matter of the Estate of Hidden 23 Cal. 362 Estate of Schroeder 46 Cal. 304. 319 40 Mi.

See Clark vs Perry 5 Cal. 60

Rollins Belknaps Pr 110 188. Section 932 Probate Act

[?] 460

John W. Young debts- $53,682.22

Pd. to [?] [J?] A. Young $266.00 $300.00

Recapitulation

$50,617.37 $10,938.45 $31,431.48 $53,682.22 $266.00 $146.995.82 $300.00 147.295.82 $4,300 Brigham Young $151.595.52 54 Shares Salt Lake Railroad 583.53/100 Shares Co op Stock Order on Co. a/c $57.93 Lot of sheep & wool $962.70 1 old thrashing machine Currency 407 $1,041.70 book [?] 143

Pd. Webber and Rossiter $39.00 $4.00 $5.00 $48.00

The Estate of Brigham Young To John Taylor, as Trustee-in Trust for the Church of Jesus Christ of Latter-day Saints Dr. To amount of balance on " Railroad contract account $88,000.00 " amount of balance due on "Utah Central Railroad a/c $51,648.09 "Zion's Cooperative Mercantile Inst. a/c $52,200.00 "Manifest errors in book a/c $10,404.60 "Errors in footings or extentions in a/c 9,079.41 "Balance of book a/c from June 30,1873 $100,755.09 "Real Estate "Social Hall" lot and Building $17.438.94 " do. do. "Museum" do. do. $4,000.00 " do. do. Lot 8 in Block 46 Plat A less the " five rods square occupied by the " "Council House" building $4,309.56 $28,648.53 "This amount of errors in credits on Pres. " B. Young's private account $628.864.18 "Amount to reimburse the Trustee in Trust for sum erroniously credited the private account of President B. Young for subsistence and quartermasters bills etc. as per entry of August 28th 1866. $30,000 $999,632. Salt Lake City Utah Territory April 8, 1878

Territory of Utah County of Salt Lake.

Before me, James Jack, a Notary Public in and for said County, personally appeared John Taylor, T. in T. who, first being duly sworn on his oath, does say: That he is the lawful claimant in the foregoing bill; that the amount therein claimed is justly due; that no payments have been made thereon, and there are no [?] of claimant John Taylor