Salt Lake Telegram | 1918-11-14 | Page 9 | Rumel Loses Suit Against Church

MJ1EL LOSES SUIT MIST 1 Hi L 0. S. TITLE TO PROPERTY IS UPIIEL0 Bequest , la Not Burdened by Trust in Behalf of Raleigh Children, Su- JUDGMENT of the district court in the cas4 of Orson P. Kumel, administrator of the estate of AIoiuo II. Raleigh, against Alfred Solomon and Joaeph r. Hmlth, truatee, baa been affirmed by tha stale supreme court, j Rumel aought to show that land bequeathed be-queathed to tha Church of Jesus Christ of Latter-day Paints, and turned over td Joaeph K. Smith aa truatee, waa burdened with a trust In behalf of threa of th testator's illdrn. Th court held that th will could not be so construed. . ' In willing hla property Raleigh be queathed to the church a block of land In Salt Iake City forever, th rente and profits to he applied to th building build-ing and maintaining of temples, hut also -directed that Ma son. Jacob T. Ralelah. end his daughter. Carolina O. Kaleigh Wells might occupy and have joint use and benefit of tha property without Impeachment or waste, she during her natural life, and ha during hia attention atten-tion to his father's family affairs as comiiensatlon and not other, unless the Mormon rhureh should elect to give Mm a tits oh which to build and inherit. It la provided that If tha son doea not accept aucn trust or do the duties thereof to the aatlafactlon of hla esecutora, they are directed to appoint some other of his sons, who shall "perform tha duties and Inherit the bleaslng In anofhsr portion of hia will ha provided for hla two daughters, Carolina Caro-lina r. Raleigh Wells and Maria C. Raleigh Wood, and hla son, liavid 1". Raleigh. William Asper and Solomon . Raleigh are named aa esecutora. The appellant attempts to show that the provisions In tha will are a charge upon tha land bequeathed to the Mormon Mor-mon church. The right of tha defendant to recover," re-cover," Judge Uldeon says In his decision, deci-sion, "depends upon the determinating af tha question whether tha legacies provided for In the will are a charge upon the land bequeathed, to tha rhureh of Jesus t'hrlst of Latter-day Hainta. If thla contention la held adversely ad-versely to the plaintiff all other ouea-tiona ouea-tiona presented become Immaterial." The court held that the Intention of tha teatator waa not to place tha legacies lega-cies provided for In tha will aa a charge on the property bequeathed lo tha Mormon church.