Show I MILE ESTATE SE Plaintiff Gets 12000 Shares he of Tuscarora Stock rich fld J VALUED AT ABOUT 20000 1ft3 t3 d This Was the Amount for Which S B llllnor Offered to Settle with His Brothers Heirs Supreme Court ef Remands Case of Warren vs Bobi son for Trial Case Was Improperly Improper-ly Dismissed by the Lower Court Suit to Recover 350 Commission Action to Quiet Title 1 o Judge Rolapp yesterday delivered his decision In the case of the Utah Title Insurance and Trust company administrator admin-istrator of the estate of C XV 1I liner deceased vs Stanley B Mllner llnd for Ing that the plaintiff Is I entitled to re ht cover 12000 shares of the capital stock of the Tuscarora Mining rompany valued e ued at about 20000 The plaintiff claimed 25000 shares of the stock which i it was alleged was held in trust for b the late Charles W lUilncr by his brother S B Mliner The court found that C W Milner had no legal interest in the Tuscurora property until after the rornpany was Incorporated bccnnsu the entire expense I ex-pense connected with the location and development of t the property had been borne by S B Mllnor and Lakh ind j it was wholly optional with them whether they allowed the deceased or any other person to participate in the Bubscrlptlon to the capital stock of the corporation At the time of the Incorporation Incor-poration the court finds an express trust was created In favor of some person per-son or porsons for 25000 shares of the mock The burden of 1 proof as to the existence of the trust and the txlent of It falls the court held on the plaintiff plain-tiff and therefore the party suing must establish his claim to the entire trust As to the entire 25000 shares such proof the opinion says cannot be found In the case while on the other hand It wsis shown that the defendant by words and conduct before at and after the creation of the trust repudiated repu-diated holding the entire trust for his deceased brother only The court then finds that the deceased knew that the whole 25000 shares were not held for him and that by i his letters he directed who the other beneficiaries of the trust phould be The court docs not decide who these other persons were that not being Involved in the controversy but the pleadings tended to show that they were the father and mother of the de coased The decision then declares that the cstulo of C TV Milner Is entitled to 32000 shares of the stock and orders that the defendant turn over that number num-ber of shares less 1200 shares heretofore hereto-fore agreed to be covered Into tho treasury for working capital upon the payment to the defendant by the plaintiff plain-tiff of 2100 expended by the defendant for the benefit of such trust itock Each party Is directed to pay his own costs Prior lo the trial and at the conclu olon of the taking of testimony the defendant de-fendant offered lo compromise by giving giv-ing the plaintiff 12000 shares of stock 1 which corresponds with the finding of Li the court |