OCR Text |
Show A TOPIC OF TIJtf TIMK. Salt Lake City, June 17, 1879. Editors Herald: Although it had been moving in tbe undercurrent of gossip for some time, tbe public was startled on Saturday Sat-urday by tbecommencement ol a suit in the matter of the estate of tbe late Brigham Young, aud since then it has been all the talk. For one, I hope the aOair will be permanently adjusted without being pressed to a settlement in tbe courts. In any case, if I wished to obtain justice for all paitiea, the court3 would be tbe iaat places I should go to, for two reasons they are most cosily tribunals, tri-bunals, and they are olten impotent to measure out justice to both sides ot tbe case. 1 tbink it very unfortunate un-fortunate for thia matter in question to get into the courts. It will can settle se-ttle publication and circulation of great deal of scandal which will benefit nobody, it will embitter embit-ter portions of society against other pnrtiona, it will tie up a gre.it deal of property, perhaps lot years, in the oourta, it will give opportunity lor rich pickings lo parties who have no other interest in the estate or the family, it will give the management of the estate to persons in whom none of the partiea immediately concerned have any special confidence, and, as in moat cases ol litigation, the lawyers will eat the meat ol the egg, while tbe litigants will have the privilege of dividing tbe Bhell between them, bo tbat it ib doubtful, after the estate shall have passed through the courta, it tbe plaintitl or plaintiffs will be ae well oil aa at this moment. Conee queuily, if the matter can possibly be arbitrated outside of the courta, it will be better for all parlies, nven for those of the heirs who are diasatisfiei and greedy. If arbitration Bhouid prove expensive in any way, litigation would be far more eo every way. Besides, arbitration ia a soothing and friendly method, while litigation is irritating and often exasperating, making the opposing parlies lifelong enemies. In regard to the progress, of the case thus far, there are three points which I may notice. The first is that the named plaintiff professes to appep.r on her own behalf and that of tbe other beira. There in undoubtedly a great deal of barefaced bare-faced assumption here, for tbere is no uoudi mac moat ot the heirs will repudiate re-pudiate all connection with tho course ol the plaintiff. A second point is for the plaintiff to ask for expense money from tbe estate in tbe beginning of tbe ca?e. Thia uppears to me lo be an impudent request. Suppose that there are tbirty-Lbree heirs in all, that thirty are satisfied and three are dissatisfied with the administration ad-ministration of the executors, and that the three dissatisfied and avaricious avari-cious want to take from the estate to prosecute their suit money that he-longs he-longs eqaally to all the heirs, satiefied and dissatisfied. Is there any justice iu thib? Is it reasonable? Ia it right? I do not think it is. If all tbe heirs were jointly interested in the pushing of the Buit, and were actually actu-ally plaintiffs therein, then it would be a different thing. But tbey are not, and tbere ia no even remote likelihood that they will be. Therefore a juet thing would be to require the actual plaintiffs to bear their own expenses as to tbe suit until it shall be finally determined. Thia should be insisted upon. Thirdly, does not tbe indecent baste and tbe Bemi Becret and ex-parte manner in which tbe commencement of this suit was puahed through the court on Saturday, and in which recoivera were appointed, look rather suspicious? Ib it not euggeativo of possible collusion between theucourt aud the plaintifi iu the case? To me it has that appearance, for it ia a matter of great moment, in which many people are deeply concerned. Allow me lo offer a suggestion for the benefit of peraona about to make their wills, and also for tbe aclual, benefit of the heirs. The estate of a1 decedent rightfully belongs to the heirs and other legatees, after honest debts are paid, but it does not belong to lawyers, for the3e last have no right to a dollar of it. Therefore, would it not be well for a testator to insert in bis will two strenuous provisions pro-visions one tbat all claims made under the will shall be finally and conclusively determined by friendly arbitrators, properly choaen; and tbe other that any legatee who resorts to litigaliou to enforce hia claim, beyond tbe customary and legal proving of tbe will, shall be cut oil with a dollar, that is, Bball be entitled en-titled lo one dollar, and one dollar only, as the sum total of bia entire interest in tbe estate, or auy part thereof, tbat may have been willed to him? It seems to me some such a provision would do a good deal towards preventing a man's property from beiDg devouied by courts and lawyers after hia death, and of secui-ing secui-ing to his family and friends the means which he designed them to have and to bold and to enjoy. F. P. |