13. Petition and order to correct deeds

Proof of Mailing Notice to Heirs

STATE OF UTAH COUNTY OF SALT LAKE ss.

In the matter of the Estate of Brigham Young Deceased, I, Marguerite George being first duly sworn, on oath, say that I am a citizen of the United States, over the age of twenty-one, that on the 8th day of January 1944, I mailed full, true and correct copies of the annexed notice, by depositing the same in the U.S. Postoffice, at Salt Lake City, Utah, postage prepaid, to the following named persons and addresses, to-wit:

Mabel Y. Sanborn 704 North 1st West, Salt Lake City, Utah Ruth Y. Healy 1220 Sherman Ave., Salt Lake City, Utah Fannie Y. Clayton 204 East, 7th So. Salt Lake City, Utah Young Family Association, c/o Rega Card, Utah Savings & Trust Co. Salt Lake City, Utah

Marguerite George Subscribed and sworn to before me this 8th day of January 1944. ALVIN KEDDINGTON County Clerk, Salt Lake County, Utah By Richard Bohling Deputy

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.

NOTICE

Filed in the Clerk's Office Jan. 8th, 1944. Alvin Keddington Clerk By Richard Bohling Deputy Clerk

Post 1-19-44

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

In the matter or the estate of BRIGHAM YOUNG, deceased,

ORDER FIXING TIME FOR HEARING PETITION

Upon reading and filing the petition of Rudolf H. F. Voss petitioning for the trustee to execute and deliver a correction deed:

It is ordered that on Wednesday the 19th day of January, 1944 at 10 o'clock a.m. at the County Court House in the court room of Division 1 of said court in Salt Lake City, be and is hereby appointed for the hearing of the said petition; and that in as much as it is impractical or impossible to mail individual notices to all of the numerous and wide spread heirs of the said Brigham Young, deceased, and that a majority of said heirs are members of the Young Family Association, it is ordered that notice of the hearing of said petition by posting notices in three public places in Salt Lake County, namely: The West front entrance of the Court House, the corner of 33rd South and State Street and in the post office in Murray, Utah, for the period of 10 days prior to the said January 19, 1944, and that the clerk mail a copy of said notice to the three surviving daughters of said deceased and to the Young Family Association at the addresses hereinafter set forth, to-wit:

Mabel Y. Sanborn, 704 North 1st West, Salt Lake City, Utah. Ruth Y. Healy, 1220 Sherman Avenue, Salt Lake City, Utah. Fannie Y. Clayton, 204 East, 7th South, Salt Lake City, Utah. Young Family Association, c/o Rega Card, Utah Savings and Trust Company Salt Lake City, Utah.

Dated this 5th day of January, 1944

M. J. Bronson JUDGE

ATTEST ALVIN KEDDINGTON CLERK Richard Bohling Deputy Clerk

BACKMAN & BACKMAN ATTORNEYS AT LAW

553

ESTATE OF Brigham Young Deceased

FILED IN THE CLERK'S OFFICE Salt Lake County, Utah Jan. 5, 1944 ALVIN KEDDINGTON, Clerk 3rd Dist. Court By Richard Bohling Deputy Clerk

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

In the matter or the estate of BRIGHAM YOUNG, deceased.

PETITION FOR THE TRUSTEE TO EXECUTE AND DELIVER A CORRECTION DEED

The petition of Rudolf H. F. Voss respectfully represents:

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 assests 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 trustte under the will of the said Brigham Young, deceased.

That the names, addresses and relationship of the heirs of 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 existance 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 assocition 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 and would afford notice to the descendants of Brigham Young, deceased or to any of them

BACKMAN & BACKMAN ATTORNEYS AT LAW

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 Assoication 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 are as follows:

Mabel Y. Sanborn, 704 North First West Street, Salt Lake City, Utah. Ruth Y. Healy, 1220 Sherman Avenue, Salt Lake City, Utah. Fanny W. Clayton, 204 East 7th South, Salt Lake City, Utah. Young Family Association, c/o Rega Card, Utah Savings and Trust Company, 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 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", pages 875-6 in the County Recorder's Office of Salt Lake County, State of Utah, and the said Joseph Sharples went into possession of the land 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 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 6.8 rods; thence 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 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.

That subsequent to the execution of said deed by the said executors the grantees therein sold and conveyed the said property by mesne conveyances. 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' 28" 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.

BACKMAN & BACKMAN ATTORNEYS AT LAW