Show t THE STAIHES WILL j i One of the Heirs Contests the Dulse and Bequest of Ibt Deceased HILLS 1IFCIUIS ALJAINST 11U1 it Decision In Hit 11111 prlnji Ilalliraj I lust lonteu 11 Proceed lags for I a Writ 01 MandateNotts < I Judge Hllea handed down an opinion today In the caeof William C Btalnes Tl ItJbertT lluitln and u JameeT Little executors of the am late el William Carter Stalnta and the Church ol JeiutCbrlttot Latter day I Balnlt 1 3 TL plalotlfl luthlacaie lathered I I I I and eole lulTlTlng heir at law ol Ibo late WIlliam Cartel Still anJ brought suit to bell the devlle and btriuebt ol I the will I ot accessed t a Ida and ado ad-o Judged J Told The defendants den urred to the s I i I complaint on Ih e ground that II did not Lt I Bible 1 facts lulllclent to constitute a L cause 01 action A Ju Igo 1111es Ib his decllloa aa tea a dtrtd today autHUa the demurrer I By tbe will ot the late William Carter Btalnet who diet In 1831 he I made following direction aa to tbe II rtildueof hli unit e t At to Ibo rtt due of my etlate real or personal my will It that my extcu Lt Ion shall tell It mad I Inveat the proceed eilbey think beat It be tafe and 110 666 yluld the moil Income I Itllt Include 1 with to hue divided an 11 Seattle Iuallly or mlnu A ally between me Mole trained Lllllat andlliclllt cue half to each aa long 00 be lives Allot the death ol each o one 1 drt re that lay eeulora shall I makeover 10 The preildlug Bliuop of I LEtX 1 Cburcbof J tua Ciiritlof Latter Ib day tlnlllb limit I ol my itlatelrini m Which that wllta Income vat dtrltej 11 The pr elding bishop aball receive It o 1 In Units i to upend the Sunni Interest o 1 Income according to hit discretion lot r the btuefltof member the Church o of Jesus Cb lit of Litter day Balntt whether It hi for schodifir posters water r Ingilllti planting foreiln accllmatlt I lie foreign plectra or anything tin I whereby the mtuiotrt may be Wine filled > I The will was wale on Ibo lit of I March 187S I I lalnt IT alleges that The devlte to it to Los Chasms It void because le 01 uncertain UDlnlilllKlhlr amb coin O and Illegal and luithet because Ibo u Church et too time of tbo drain of the sit testator and the probate ot like will d held real estate ol greater Talus than f50 000 and further because at I The I llojo II taught that polygamy was b 1 right and pretr and legal audible p was and It one of the principal tenets of that Church and these devlte and Ii hqul being for ao Immoral pur poI I Is po-I Told at bl The court In giving lit decision mays f I In r eot to the tint palatal I thick i aIn 1r 11 i llol t It la aulUUent to lay that tbe devlm Is i and biquesto of Ibo will are not to too TI I Church ot Janus Cbtntof Latter day 1 BatuU not are they to further or propagate any of the Sol posed Illegal I I PrOcIlcemor Immoral tenets or doc trlnet ol that or any ether church but j I It It I for members of that Church I I whom Ibo donor thought were worthy tecla of his charitable bounty j On the second point the court holds ui that there io I not iualclcnl I el Indefinite ul James at 10 defeat the will il I At to the III Ira ground of abjection I j IbrI 0utt mays I it ot me to ma that a Julie or be I queil of property to charitable Uses to I 4 to large a body at the members of the Church of Jesus Christ of Litter day If Balnla It a general devotion to char liable uo a I or maiklnd the tame 111 mldb ffi + 1 ig dI In I degree only he II 11 I it let gnatedaialloDbr I Irll lie cr Sees as tile obocl 01 the a be rlty As to I to 0 fourth point the court eiyt I br can h at II doubt but Iballb statute of the 43 ldblb mut 11 Iken In tem Iall 01 lb common Inv 01 Ibl Is g late a oil 01 very tote where II has b1 i risen changed byppecial leglilatl |