13. Petition and order to correct deeds

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

In the Matter of the Estate of Brigham Young, Deceased

Order for Giving Notice of Hearing Petition

W. W. Caldwell and Vera M. Caldwell having filled in the above entitled estate a petition for an order authorizing and directing Brigham S. Young, the successor trustee in said estate to execute and deliver to the said petitioners a correction deed as particularly set forth and prayed for in said petition, and praying for an order of this court specifying the notice to be given of the hearing of said petition,

Now, therefore, on application of Walter C. Hurd, attorney for said petitioners, it is hereby ORDERED and DIRECTED that notice of the hearing of said petition be given by posting, at least ten (10) days before the hearing of said petition, three copies of notices of the hearing therof, one at the West front for of the City and County Building, Salt Lake City, Utah, one at the intersection of 33rd South and State Streets, Salt Lake County, Utah, and one at the Murray City Postoffice, in Murray City, Utah, all in prominent and conspicuous places, and by mailing a copy of said notice to each of the following persons: Brigham S. Young, successor trustee, Kimball Apartments. Salt Lake City, Utah. Mabel Y. Sanborn, a daughter of Brigham Young, 704 North 1st West, Salt Lake City, Utah. Ruth Y. Healy, a daughter of Brigham Young, 1220 Sherman Avenue, Salt Lake City, Utah. Fanny Y. Clayton, a daughter of Brigham Young, 204 East 7th South, Salt Lake City, Utah and Brigham Young Branch of the John Young Family Association, c/o Rega Card, Utah Savings & Trust Company, Salt Lake City, Utah.

Dated January 6th, 1944

M. J. Bronson Judge

ATTEST ALVIN KEDDINGTON CLERK By Richard Bohling Deputy Clerk

553

ESTATE OF Brigham Young Deceased

FILED IN THE CLERK'S OFFICE Salt Lake County, Utah JAN 6 1944 ALVIN KEDDINGTON, Clerk 3rd Dist. Court By Richard Bohling Deputy Clerk

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

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

Petition Authorizing Trustee To Execute Correction Deed.

To the Honorable Third Judicial District Court, Salt Lake County, Utah: The petition of W. W. Caldwell and Vera M. Caldwell alleges: 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 said last will and testament with authorization to execute the provisions of said will, and the title to the whole of the assets of said estate became vested in said trustees; and that all of said trustees have since died.

That, in order 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, in pursuance of said provision of said will, 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 said Brigham Young, deceased; that he thereupon qualified and became and ever since has been and now is the duly appointed, qualified and acting ing trustee under the will of the said Brigham Young, deceased.

That since the probating of the said will of said Brigham Young, deceased, all of his direct heirs have died, save and except three daughters hereinafter named; that the descendants of said deceased heirs are so numerous that it is impossible to ascertain and set forth their names and addresses; that there is in existence, however, an organization of the descendants of the said Brigham Young, to which

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organization a great many of his heirs and descendants belong; that said organization is known as the Brigham Young Branch of The John Young Family Association and is a voluntary association consisting of the descendants of John Young and 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 give notice to the members of said Association and would afford notice to the descendants of Brigham Young, deceased, or to any of them that would have an interest in this matter now pending before the Court, and mailing of notices to the three daughters of said deceased and to Brigham S. Young and the said Brigham Young Branch of The John Young Family Association, together with posting of notices in the usual manner as provided 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 said Brigham Young, deceased, together with the name and address of said trustee, Brigham S. Young, and of the President of said Brigham Young Branch of The John Young Family Association are as follows:

Mabel Y. Sanborn, 704 North 1st West Street, Salt Lake City, Utah. Ruth Y. Healy, 1220 Sherman Avenue, Salt Lake City, Utah. Fanny Y. Clayton, 204 East 7th South St., Salt Lake City, Utah. Brigham Young Branch of The John Young Family Association, c/o Rega Card; Utah Savings & Trust Co., Salt Lake City, Utah. Brigham S. Young, Kimball Apartments, Salt Lake City, Utah.

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

The Southeast 1/4 of Section 20, in Township 1 South of Range 1 East, Salt Lake Meridian.

That on October 21, 1878, an executor's deed was executed and delivered by George Q. Cannon, Brigham Young and Albert Carrington, executors of the will of Brigham Young, deceased, to one Jens Hanson, which said deed was recorded September 13, 1879, in Book "O" of deeds pages 453-4 in the office of the County Recorder of Salt Lake County, Utah. That it was the intention of the grantors and the grantee in said deed to convey to said grantee the following described portion of the abovedescribed tract of land, namely:

The following described tract of land in the Southeast 1/4 of Section 20, in Township 1 South, Range 1 East, Salt Lake Meridian, being the following portion of Lots 1 and 2, Block 46, Big Field Ten Acre Plat "A", beginning at the Southeast corner of said Lot 2, and running thence East 24.4 rods; thence North 5-1/2 deg. West 30 rods; thence West 54.6 rods to the Forest Farm Fence; thence South 5-1/2 deg. West 30 rods to the North line of a 4 rod street; thence East 36 rods to beginning.

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That the said Jens Hanson thereupon went into possession of all of the land last above described, and he and his successors in interest have held, owned and occupied the whole thereof openly and adversely to all the world, and particularly adversely to the said grantors and the heirs, devisees and legatees of the said Brigham Young, deceased, and his estate, and have paid all taxes assessed thereon from the date of said deed to the present time.

That through an error and inadvertence the description of said land in said deed to said Jens Hanson was given as follows:

The following described tract of land in the S. E. 1/4 of Sec. 20 in T. 1 S. R. 1 E., Salt Lake Meridian, the following portion of Lots 1 and 2, Block 46 Big Field Ten Acre Plat "A", beginning at the South-east corner of Lot 2, thence East 20.4 rods, thence North 5-1/2 deg. West 30 rods, thence West 50.6 rods to the Forest Farm Fence, thence South 5-1/2 deg. West 30 rods, to the North line of a 4 rod street, thence East 36 rods to beginning, containing 10 acres more or less.

That it is therefore necessary that the said Executors Deed be corrected and clarified by a correction deed properly and accurately describing said land.

That subsequent to the execution of said deed by said Executors the grantee therein sold and conveyed the said property be mesne conveyances. That the title to the following described portion of said land, to-wit:

Commencing at a point 197.3 feet North 5 degrees 30' West from County Road Monument at the Northwest corner of the intersection of Highway No. 1 and 27th South Street, the said monument being 402.6 feet East from the Southeast corner of Lot 2, Block 46, Ten Acre Plat "A", Big Field Survey, and running thence North 5 degrees 30' West 192.4 feet; thence West 438.7 feet; thence South 24 degrees 02' East 157.8 feet; thence South 4 degrees 10' West 48.3 feet; thence East 396.4 feet to the place of beginning,

has passed by such conveyances to, and said land is now owned by your petitioners and the survivor of them as joint tenants. That said Jens Hanson as purchaser of said premises at all times during his ownership thereof, would have been entitled to a correction deed, and that your petitioners as his successors in interest are entitled to a correction deed correctly describing said premises as last above described, and that neither the estate of Brigham Young now his heirs, devisees or legatees nor the said Brigham S. Young as successor trustee has any right, title or interest in said land or any part thereof, and said deceased might, if living, be compelled to execute and deliver to your petitioners a correction deed conveying said land to