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Show ENDED. The Suit in which the Church and Executors Have Been Involved, Concluded by Compromise. On Saturday last the great Church litigation was finally compromised and a consent decree ordered barring all future litigation as to the past action of the executors of the last will of Brigham Young, deceased, and ratifying and confirming their conveyance to John Taylor, Trustee-in-Trust for the Church, both as to property held by President Brigham Young as Trustee-in-Trust for the Church and also that conveyed in liquidation of the account presented by John Taylor as Trustee-in-Trust, against President Young's estate. All the heirs appeared as parties to the suit of Emeline A. Young, who had sold out her interest to L. B. Miller, and who had been substituted in her place. The amount ordered to be paid by the executors and the Church was $77,000, which was immediately paid over to the proper attorneys representing the plaintiffs. The suit brought by the Church as a corporation, and John Taylor Trustee-in-Trust, was dismissed by the plaintiffs, as it had performed its real mission in bringing all the hairs and legatees into court so that they would be barred in any future litigation. Many of the legatees and heirs had not been made parties either as plaintiffs or defendants to Emeline's suit, and they were so reluctant to being mixed up in the litigation that they would not voluntarily intervene as parties, and as President Taylor could not file a group suit there was no way left to get them into court but to commence this original suit by the Church and Trustee; and when they saw that they must appear on one side or the other they became reconciled to appear in the Emeline suit as defendants, and to accord with the interest of the Church, and much credit is due them for their conservative action. We glean the above items from a communication which appeared in the Ogden Junction, and which was written by a correspondent at Salt Lake. The following paragraphs are copied from the decree ordered in the case by Judge Hunter; It is considered, adjudged and decreed that the aforesaid accounts of said executors, and the matters and things therein contained, be and the same are hereby ratified and confirmed as to all the parties, and that the allegations of the complaint of waste, conversion and misappropriation of the property and assets of said estate of the testator Brigham Young, deceased, are not sustained in any respect. That all the actings and doings of said executors, or any of them, in the administration of said estate as Executors and Trustees, as shown by said accounts, be and the same hereby ratified, and confirmed; and all the issues in this action are found and adjudged in favor of the defendants, George Q. Cannon, Albert Carrington, and Brigham Young, Executors as aforesaid; John Taylor, John Sharp, Edward Hunter, ???? S. ????, Geo. [George] Goddard, Leonard W. Hardy, Theodore McKean, Joseph C. Kingsbury and Augustus Cannon. And that each and all of the heirs, devisees, legatees, and beneficiaries under said ???? will except ????????????????????? have not appeared in this action ????????? and they and each of them, and their executors, administrators and assigns are hereby forever barred of and from all rights, remedies or courses of action as to all the matters and things alleged or disclosed in the pleading herein. |