13. Petition and order to correct deeds

A-702

553 10-14-42

ESTATE OF Brigham Young Deceased

FILED IN THE CLERK'S OFFICE Salt Lake County, Utah OCT 1 - 1942 ALVIN KEDDINGTON, Clerk 3rd Dist. Court By Richard Bohling Deputy Clerk

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.

Petition for Authority to Execute Correction Deed Probate No. 553

To the Honorable Judge of the above-entitled Court:

1. 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 regularly carried out;

2. That after the probating 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 said decedent with authority to execute the trust provisions in said Will, and the title to the whole of the assets in said Estate became vested in said Trustees; that all of said Trustees have since died;

3. 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 a Successor Trustee, was duly appointed by the above-entitled Court as Trustee under the Will of said Brigham Young, deceased; that he, thereupon, duly qualified and became, and ever since has been, and now is, the duly appointed, qualified, and acting Trustee under the Will of said Brigham Young, deceased;

4. That the names, addresses and relationship of the heirs of said Brigham Young, deceased, were set forth in full in 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 the 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

PERRIS S. JENSEN ATTORNEY-AT-LAW WALKER BANK BUILDING SALT LAKE CITY, UTAH

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organization of the descendants of the said descendent, to which organization a great many of his heirs and descendants belong; that said organization is known as the Young Family Association, and is a voluntary association consisting of descendants of the said Brigham Young, deceased; that one S. Dilworth Young is the President of said Association, and notice to said association in care of said president, would bring notice to the member of said association, and would afford notice to the descendants of Brigham Young, deceased, or at least such of them as would have any interest in the matter now pending before the Court and herein set forth, and mailing of notice to the three daughters of said decedent and to said Young Family Association, together with posting of notice as required by law would constitute good and sufficient notice of hearing of this petition; that the names and addresses of said surviving daughters of said Brigham Young, deceased, together with the name and address of the President of the Young Family Association, are as follows:

Mabel Y. Sanborn, 705 North First West, Salt Lake City, Utah Ruth Y. Healy, 1220 Sherman Avenue, Salt Lake City, Utah Fanny Y. Clayton, 204 East Seventh South, Salt Lake City, Utah Young Family Association, care S. Dilworth Young, 1506 East Twenty-fourth Street, Ogden, Utah

5. That during his lifetime said Brigham Young, deceased, was the owner of the following described property in Salt Lake County, Utah:

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; thence North 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

That on or about the 19th of July, 1866, said Brigham Young 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 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 the 19th day of July, 1866, in Book "C" of Deeds, page 483; and in pursuance of said deed said John D. T.

McAllister 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 inadvertence in said deed the sole and only description given 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 of record in the office of the County Recorder of Salt Lake County, State of Utah, in Book "A" of Plats, page 25, but said plat is insufficiently described and drawn and the dimensions of the lots and streets therein are not clearly set forth, and it is, therefore, necessary that the deed given by said Brigham Young, deceased, be clarified by a correction deed giving metes and bounds of the tract sought to have been conveyed by said deed; that the metes and bounds of the tract intended to have been conveyed are as hereinabove see forth;

6. That subsequent to the execution of said deed by said Brigham Young, the grantee therein sold and conveyed the said property, and by main conveyances title thereto has descended to, and is now owned by, your petitioner herein, and said decedent might, if living, be compelled to execute and deliver to your petitioner a correction deed conveying to your petitioner, as successor to said John D. T. McAllister, the property first hereinabove described in specific performance of the contrast hereinabove referred to.

Wherefore, your petitioner prays that a day appointed for hearing this petition, and that due notice thereof be given as provided by law: and upon such hearing and proofs to be adduced thereat that an order be made by the Court authorizing and directing said Brigham S. Young, as Trustee of the Estate of said Brigham Young, deceased, to make, execute and deliver to your petitioner a proper deed and conveyance conveying to your petitioner all of the right, title and interest of said decedent, and all his estate in and to the tract of land first hereinabove described; and for sure other and furthere relief as to the Court may seem meet and proper.

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State of Utah County of Salt Lake ss.

Henry McGean, being first duly sworn, on oath deposes and says: That he is the petitioner above named; that he has read the above and foregoing Petition and knows the contents thereof, and that the same is true of his own knowledge, except as to those matters therein stated on information and belief, and as to such matters he believes it to be true.

J. Henry McGean

Subscribed and sworn to before me this 30th day of Sept, 1942. P. S. Jensen Notary Public Residing at Salt Lake City, Utah

My Comission Expires May 18, 1946

PERRIS S. JENSEN ATTORNEY-AT-LAW WALKER BANK BUILDING SALT LAKE CITY, UTAH