13. Petition and order to correct deeds

20

A-702

IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH

In the matter of the estate of: Brigham Young, deceased,

ORDER AUTHORIZING TRUSTEE TO EXECUTE AND DELIVER A CORRECTION DEED

No. 553

The petition of Rudolf H. F. Voss coming on regularly for hearing this 19th day of January, 1944, and it appearing:

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 above entitled court and said last will and testament was duly probated and the probate proceedings thereof were in all respects duly and legally carried out.

That after the probate of said will the executors thereunder were discharged as executors and were continued as trustees under the provisions of the last will and testament of the said deceased with authorization to execute the provisions in said will and the title to the whole of the assets of said estate became vested in said trustees; that all of said trustees have since died.

That to prevent any failure of executors and trustees in the event of the death of the trustees named in said will, said will provided and provides for the appointment of successor trustees as therein set forth, and on the 21st day of February, 1941, Brigham S. Young, a member of the class made eligible by said will to act as successor trustee was duly appointed by the above entitled court as trustee under the will of the said Brigham Young, deceased; that he, upon duly qualifying became and ever since has been and now is the duly appointed, qualified and acting trustee under the will of the said Brigham Young, deceased.

That the names, addresses and relationship of the heirs of the said Brigham Young, deceased, were set forth in full in the original petition for probate of his will; that all of his direct heirs have since died save and except three daughters hereinafter named; that the descendants of said deceased heirs are so numerous that it would be impossible to ascertain and set forth their names and addresses; that there is in existence however, an organization of the descendants of the said deceased to which organization a great many of his heirs and descendants belong; that the said organization is known as the Young Family Association and is a voluntary association

BACKMAN & BACKMAN ATTORNEYS AT LAW

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consisting of the descendants of the said Brigham Young, deceased. That one, Rega Card, is the president of said association and notice to said association in care of said president would bring notice to the members of said association that would have any interest in the matter now pending before the Court herein set forth, and mailing of notice to the three daughters of said deceased and to said Young Family Association together with posting of notice as required by law would constitute good and sufficient notice of the hearing of this petition; that the names and addresses of the said surviving daughters of the said Brigham Young, deceased, together with the name and address of the president of the Young Family Association is a follows:

Mabel Y. Sanborn, 704 North First West Street, Salt Lake City, Utah. Ruth Y. Healy, 1220 Sherman Avenue, Salt Lake City, Utah. Fanny Y. Clayton, 204 East 7th South, Salt Lake City, Utah. Young Family Association, c/o Rega Card, Utah Savings and Trust Co., Salt Lake City, Utah.

That during his life time the said Brigham Young, deceased, was the owner of the following described property, situated in Salt Lake County, State of Utah, to-wit:

Beginning in the center of 4 rod street, North 6.8 rods from the Southeast corner of the Southwest Quarter of Section 22, Township 1 South, Range 1 East, Salt Lake Meridian, thence West 87.4 rods; thence South 6.8 rods; thence West 70.6 rods; thence North 485.6 feet to the center of 4 rod street running East and West and in the center line of said street East 158 rods to the center of 4 rod street, North and South thence on center line of said street South 373.4 feet to the place of beginning.

That on May 4, 1878 an Executor's deed was executed and delivered by Brigham Young and Albert Carrington, executors of the last will of Brigham Young, deceased, to Joseph Sharples, said Executor's Deed being recorded June 29, 1878 in book "M", page 875-6 in County Recorder's Office of Salt Lake County, State of Utah, and the said Joseph Sharples went into possession of the lands above described 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 inadvertance in said deed the sole and only description given was the following:

Beginning in the center of a 4 rod street North 6.8 from the Southeast corner of the Southwest 1/4 of Section 22, T. 1 S., R. 1 E., Salt Lake Meridian, thence West 87.4 rods; thence South 6. rods; thnce West 70.6 rods; North 28.4 rods to the center of a 4 rod street running east and west, thence in the center line of said street East 158 rods, to the center of a 4 rod street North and South, thence on center line of said street South 21.6 rods to the place of beginning.

and it is therefore necessary that the said Executor's Deed given by said executors be corrected and clearified by a correction deed.

BACKMAN & BACKMAN ATTORNEYS AT LAW

That subsequent to the execution of said deed by the said executors the grantees therein sold and conveyed the said property by mesne conveyance. The title to the following described portion of said premises, to-wit:

Commencing at a point North 89 degrees 59' 06" East 1528.89 feet along Section line and North 0 degrees 06' 48" West 362.20 feet from the Southwest corner of Section 22, Township 1 South, Range 1 East, Salt Lake Meridian, and running thence North 0 degrees 06' 48" West 122.59 feet to the South line of 27th South Street; thence North 89 degrees 49' 02" East 67 feet; thence South 0 06 48 East 122.79 feet; thence South 89 degrees 59' 06" West 67 feet to the place of beginning.

has descended to and is now owned by your petitioner and Margaret Voss, his wife, as joint tenants with full rights of survivorship and not as tenants in common, and the said deceased might, if living be compelled to execute and deliver to your petitioner and his wife a correction deed conveying to them as successors to the said Joseph Sharples.

It is now thereof Ordered, Adjudged and Decreed that Brigham S. Young as trustee of the estate of the said Brigham Young, deceased, make execute and deliver to Rudolf H. F. Voss and Margaret Voss, his wife, as joint tenants with full rights of survivorship and not as tenants in common, a deed and conveyance all of the right, title and interest of the said Brigham Young, deceased and all his estate in and to the following described tract of land, situated in Salt Lake County, State of Utah, to-wit:

Commencing at a point North 89 degrees 59' 06" East 1528.89 feet along Section line and North 0 degrees 06' 48" West 362.20 feet from the Southwest corner of Section 22, Township 1 South, Range 1 East, Salt Lake Meridian, and running thence North 0 degrees 06' 48" West 122.59 feet to the South line of 27th South Street; thence North 89 degrees 49' 02" East 67 feet; thence South 0 degrees 06' 48" East 122.79 feet; thence South 89 degrees 59' 06" West 67 feet to the place of beginning.

Dated this 19th day of January, 1944.

M. J. Bronson JUDGE

ATTEST ALVIN KEDDINGTON CLERK Richard Bohling Deputy Clerk

FILED IN THE CLERK'S OFFICE Salt Lake County, Utah JAN 19 1944 ALVIN KEDDINGTON, Clerk 3rd Dist. Court By Richard Bohling Deputy Clerk

BACKMAN & BACKMAN ATTORNEYS AT LAW

CERTIFIED COPY ISSUED MO. 1 DAY 19 1944

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.

NOTICE

The petition of Henry McGean, praying for an order directing Brigham S. Young, as Trustee under the Last Will and Testament of Brigham Young deceased, to execute a correction deed to certain real property has been set for hearing on 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, Salt Lake County, Utah.

(SEAL)

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 Richard Bohling Deputy Clerk

Perris S. Jensen, Attorney.