13. Petition and order to correct deeds

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In the District Court, Probate Division, in and for Salt Lake County, State of Utah

In the matter of the Estate of Brigham Young Deceased.

Order fixing time for Hearing Petition for authority to execute a correction deed

Upon reading and filing the petition of Henry McGean, praying for an order directing the Trustee of said deceased to issue a correction deed.

IT IS ORDERED That Wednesday the 14th day of October A. D. 1942, at ten o'clock A. M., at the County Court House, in the Court Room of said Court, in Salt Lake City, Utah, be and the same is hereby appointed for the hearing of said petition, and that due notice thereof be given by posting notices in three public places viz: west front entrance of the County Court House, 33rd So. & State Streets, and in the post office in Murray, Salt Lake County, Utah, for the period of ten days prior to said 14th day of October A. D. 1942.

WITNESS the Clerk of said Court, with the seal thereof affixed, this 1st day of October, A. D. 1942 Alvin Keddington Clerk By Richard Bohling Deputy Clerk

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No. 553 IN THE DISTRICT COURT

PROBATE DIVISION IN AND FOR SALT LAKE COUNTY STATE OF UTAH

In the Matter of the Estate of Brigham Young Deceased

Order fixing time for Hearing Petition For authority to correct deed

Filed in the Clerk's Office October 1st, 1942

Alvin Keddington Clerk

By Richard Bohling Deputy Clerk

Last edit about 3 years ago by agcastro
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In the district court, probate division, in and for Salt Lake County, State of Utah

In the Matter of the Estate of Brigham Young, Deceased.

Order Authorizing Trustee to Convey Probate No. 553

Henry McGean having filed herein his verified petition praying for an Order authorizing and directing Brigham S. Young, as Trustee under the Last Will and Testament of Brigham Young, deceased, to make, execute and deliver to said petitioner a correction deed to the property hereinafter end in said petition described; and the matter coming on regularly to be heard this 14th day of October, 1942;

And it appearing to the Court, and the Court now finds, that Brigham Young died at Salt Lake City, Utah, during the month of August, 1877, leaving a Last Will and Testament, which was duly admitted to probate in the aboveentitled Court; that under and by virtue of said Last Will and Testament and the probate proceedings based thereon, title to the whole of the assets in said estate became vested in certain Trustees; that Brigham S. Young is now duly appointed, qualified, and acting Trustee under the Will of said Brigham Young, deceased, and is the sole and only Trustee thereunder;

That during his lifetime said Brigham Young, now deceased, was the owner of the property hereinafter described; that on or about the 19th day of July, 1866, he made and executed a certain contract in writing with one John D. T. McAllister whereby said decedent agreed to convey said property to said John D. T. McAllister; that in pursuance of said agreement a deed was made, executed and delivered by said decedent conveying, or purporting to convey, said property to said John D. T. McAllister, and said deed was recorded in the office of the County Recorder of Salt Lake County, Utah, on July 19th, 1866, in Book "C" of Deeds, page 485; and in pursuance of said deed said John D. T. McAllister went into possession of said lands, and he and his successors in interest have held, owned, claimed and occupied the same, and have paid taxes thereon from said date up until the present time;

That by inadvertence in said deed the sole and only description given

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was Lots 5 and 6 in Block 19, containing ten acres as plotted in the Brighton Five Acre Farming Land Survey; that the plat of said Brighton Five Acre Farming Land Survey is insufficiently described and drawn and the dimensions are not clearly set forth, and it is, therefore, necessary that the deed hereinabove referred to, given by said Brigham Young, deceased, be clarified by a correction deed giving metes and bounds of the tract intended to be conveyed are as hereinafter set forth; that subsequent to the execution of said deed by said Brigham Young said John D. T. McAllister sold and conveyed the said property, and by mesne conveyances title thereto has descended to, and is now owned by, said Henry McGean; and said decedent might, if living, be compelled to execute and deliver to said Henry McGean a correction deed conveying to him, as successor in interest to said John D. T. McAllister, the property hereinafter described; and all and singular the law and the premises being by the Court here seen, heard, understood, and wholly considered, it is by the Court now

ORDERED, ADJUDGED, and DECREED: That said Brigham S. Young, as Trustee under the Last Will and Testament of Brigham Young, deceased, be, and he is hereby, authorized and directed to execute to and in favor of said Henry McGean, without further consideration being paid by said grantee, a proper deed and conveyance conveying to said Henry McGean all of the right, title, and interest of the said Brigham Young, deceased, and of the Estate of said Brigham Young, deceased, in and to the following described tract of land, situate in Salt Lake County, State of Utah, to-wit:

Commencing at a point 36 rods South and 1471.8 feet East from the center of Section 3, Township 1 South, Range 1 West, Salt Lake Base and Meridian, and running thence South 46 rods; thence East 574.2 feet, more or less, to the West line of Jordan Place and the West line of Sherwood Forest Addition, 46 rods; thence West 574.2 feet, to the place of beginning; that said property was commonly known and designated as Lots 5 and 6, Block 19, Brighton Five Acre Plat.

Dated this 14th day of October, 1942.

BY THE COURT, J. Allen Crockett Judge

ATTEST ALVIN KEDDINGTON By Richard Bohling Clerk

Perris S. Jensen ATTORNEY-AT-LAW WALKER BANK BUILDING SALT LAKE CITY, UTAH

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A-702 553

ESTATE OF Brigham Young Deceased

RECORDED IN PROBATE Book No. 176 Page 81 Indexed by [?] Recorded by [?] Proof read by [?]

FILED IN THE CLERK'S OFFICE Salt Lake County, Utah OCT 14 1942 ALVIN KEDDINGTON, Clerk 3rd Dist. Court By Richard Bohling Deputy Clerk

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