Provo Daily Enquirer | 1895-09-26 | Page 3 | General Articles

LEGAL NOTICE territory ot utah I 1 utah count isa in tux cobit in and for arld county n mhd matter 0 the estate ot samuel pratt decaen dec aed order to show causa why order ot galeot real estacio ghoul t n t be made john E boota the executor of the 01 samuel pratt deceased barlak HI d bis petit loi herein praying or an order 01 ale as 13 n cesary easte ol 01 said for ane purpose set fortt it Is therefore ori ared by the probate judie of bald court that all persons ed lii the of said deceu aed appear before the baij the ath day of acl p at 10 in thi th i toreno oon 0 laid day at court room 0 aalde probate court at abs tbs court proto ot to show cau why an order not he granted to the bald john if anoh to ell u anch of real estate ol 01 the ald samael de as and tuat a cony ct order be published ai onca a week for feu week alively in a arlt ted aud published la ald utah county territory ot utah N dated apt s1 county OJE utan sa I 1 E L jaaes chark or aba probate ojust in aej lor utah utah hereby cerully that the ij ml true and correct copy ot tb orlenna or lelna order to caio why order of bale 0 real editto should not b made in the estate olemuel ol amuel now on file and 01 record in my office my hand and HEAL ut lay office la provo city ard daj 0 cepl aa 1895 KL JONES LEGAL NOTICE territory of utah oc uenh countr in the frobase court la and toe said county in the matter ol 01 the bitae of phoebe chipman deceased order to show cause why order of gala ol 01 real etain should not be baade M holt 1119 administrator of the estate ol 01 phoebe deceased having aled alb petition herein for an order ot sale rf tho ral estate of said decedent tor the purpose therein set forth it la therefore ordered oy the probate judge ot said court that all persons interested in the estate el said deceased appear batore the pro on aln of october 1895 at 10 in the forenoon of said day at court room of said probate court at the court house in provo ol 01 utah to snow cause why an order should not he granted tu the bald administrator to sell BO much of real estate of th a said phoebe chapman deceased as should be necessary and that a capr of this order be published at least baco weak for four aweeka vely in the enquirer a newspaper printed and published in said utah county territory ot utah aprobato juck dated september territory county of utah j I 1 E L jones clerk ol 01 the probate court in and for utah county territory of utah hereby certify aaa the foregoing Is a fail arno and correct copy ol 01 be original order to show cause jbv an order of sale ol 01 real estate should not bo made of the estado or phoebe deceased and now on falci and of record in bay office witness my band and the seal of bald court at my office in prove city athla beal th day of september A D less ES SALE reni benjimin Kir khana and jamos kirkham bath unmarried by their deed ot trust dated may duly acknowledged and recorded in aba office the county recorder of utah utah territory on the day ot may iu boob 15 of mortgages on abre 53 conveyed to the un der signed as trustee abo following de land and premises situate in provo city utah coasty utah bounded and described aa follows to wit commencing 9 rods west of the northeast cornar ot block plat A provo calv eurvee of building lots thence south rods thence west 3 rods thence coth 6 roda thence east 3 rods to place of beginners of description described aa the west mot loi 6 block plat A aforesaid afore sad in the county and territory of utah an area of IS square rods of ground in trust however to acure the of a certain promissory note therein described for I 1 oai hundred dollars dated may 1892 aad delivered by jamea and BB njamin kirkbak to provo commercial and cavines savines bank and 0 o at the provo commercial and savings bank in provo city utah one acar actor date with interest thereon at tha rate of 1 per cent per boath aiom dato until paid and whereas pid ded provided in cabo debault be made ia the oay moat oi fany of the indebtedness tharas hy either principal or interest then said deed to remain an fn force aej the said party oi iho second part or in the ebent of the death disability or absence from provo city or refusing act or other of the party of the part anen tha sheriff of utah county utah or any of his deputies then acting may aa successors of the barty of the second part proceed to aall said described property or any part thereof at public ven dusto the highest bidder fot baah either of the cartiea to said deed being at liverty to become tho pu chaser at auch sale at tha balkina ban kina house cf said provo commercial and savings provo city utah first giving twenty days public notice of he time terms and of said eale and the property to be bold bv advertisement in some nawa paper printed in the english and published in said provo cily and upon auch the eaid party of the bec eec ond part or his ahau execute and deliver a deed or deeds indea simple of the property sold to the oz purchasers thereof and out ol 01 the pro ceede of arst to pay the af baid trust including attorney anu conniel fees and compeer bation to eaid trustee or eaid successor in trust for his services second to pay the amount paid by the said party of the third orrt its successors or assigns for tabea insurance or mechanics alieni under the covenants in said trust deed contained one per cent per manth interest thereon from the date of payment third to pay tha amount remaining unpaid on said nota above dee crib principal and interest calculating ane interest up to ane dale of sale and fourth in the event ot their being ft surplus of such proceeds then to pay such surplus to the parties of tha first part their personal representatives representative a or assigns fifty in case of the deficit ency ot such prece eda to an account credit tho amount paid on said amount de fici ency and whereas the said noto ia past duo and remains wholly unpaid except tho sam 00 together inter eat on the balance of 00 aa in said note provided bince the day ol 01 july in au to tha sum whereat Where aa the holder of paid note has requested the to proceed to sell aard accordine accor dinc to abo terms contained in said deed 0 trust now therefore public notice is berea by given that tho tra in accordance with the and provi biens of efrid deed of arnst to which rocc ference is hereby made and at the re the owner and holder of said cote will sell the above land and preas iaea at bublic to the highest bidder for cash in the banking house cl the provo saax inca Ban balrin rin provo oily utah on monday the irth day of uc tober 1895 at noon of said day for tha tha expenses of aard diug a reasonable compensation to the trustee and his attorney and for interest and principal and folly carry finx out the terms contained in bald deed of aroet provo city this alst day of sept EBED trustee jt W N attorney for trustee