Show imm CK m IN WILL CO CONTESTI TSI judge Hall flail Holds Wife Was Never Legally Married to fo the Doctor NOT HOT ENTITLED TO PROPERTY Clearly Evident the thc Sealing Ceremony Did Not Make ae tier Her the Wife of the Well IVell Known Educator ADMITTED HER NON MARRIAGE Decision Comes Conies as 35 the Result of Trial Of the Case of Annie F I A ft Hilton Vs v S W i S McCornick In a decision dIOn lon handed down dOIT by b Judge JudloW W v C hail today In tho 10 or of r Annie Annl AnnieF F A Hilton VB S W V S R It Il 18 held that Mrs drs Irs Hilton wan as never tho the lawful wife witt of at Dr Pr John H n Park Paric de deceased deceased ceased and J hence ls Is not to any portion of ot the tho property described In the thu complaint which was vaa transferred by byTh Dr Th Park to the tho grantor of or Mr Ir McCornick nick attic The 1110 decision Is 18 Ii In accordance I with Halls former decision in Inthe I lh the case which was vas re reo erse med l by hi the supreme court that court differing with Judge Juleo hull Hall its ug to the of ot the alleged sealing coremo ny n between Dr Ir Park and Mrs II Jilt Hil Hilton ton ACer Mer the supreme irem court decided that tha t tIrs Mrs Irs Hilton was waa the lawful widow of ot ofIr Dr Ir Park and as a such auch was entitled to toa a Interest In li his ht estate she sho brought suit against the defendant In Inthis InthIs this action to recover cover a In In parts of at lots Iota 6 C 1 j and anti 8 S block z plat JJ B J Salt Lake City survey which vu cu voId sold by b Dr Park to a I third party ml u sn by him transferred to Mr Judge hail In tho following Callow hiI de decsOn found that plaintiff has Iia no 0 Inter Interest est ut whatever In the tho property In ques question question tion rune ume imd Id nd quiets defendants title tte to the TIm TIU COURTS FINDING l In Ta the tha Ihl district court In and anil for Cor the Third Judicial district county of Salt Like Lake state of or Utah tah Annie F 1 A lilt Hil Hilton 11 ton plaintiff vs S W V S 8 de tie te Decision The above aboe entitled action ello on for tor trial and slid was WUl tried before the tho court without a Jury N Z V Jones JuneK appearing and stow Stew Ht cs es attorney for Cor tho the plaintiff art Stewart appearing us na attorneys for tor the defendant All Al and singular the evidence and Ild proofs prots having been adduced by II tho the respective parties and Ild the arguments of oC the respective resl attorneys atol having been made late tho the caH caSe was IS to and ant taken laken under advise advisement Idt ment nent by the tho court rho The court having fully tuly considered the tho evidence and 1111 proof proofs now nw delivers Iho th following decision I Th The Te decisive decelle fact In 11 thin action I IWas Is Was Wn John It n Park Ink deceased and anil the tho plaintiff marled laret on al the Iho Mh th tiny day tIl of De Dc December December cember I find from frol tho the evidence that on said sall Ith tIny day of December Decem her 1812 Daniel II 11 Wells John R n I Park and ul the tho and nit nil 11 of ot the tho witnesses ex CX except the tho defendant were ero cep members lemb rB of the tho Church of ot Jesul Christ Christof of t Saints commonly common called the Mormon IrIOn Church and resided ut at aal Lake city el Utah l II 1 Wells VeIls Wels was wal a n High Priest a I member of at tho the First Pre of at atthe the Church hurch and a 1 counselor to the president of ot tho the Church That hat by h tho the doctrines covenants antI and ordinances of at the tho Church the thu said Wells We as af such High Priest wits au itu authorized IU to perform marriages and II HI between members of ot tho the Church PLAINTIFFS FH N NAME NA NM IE 1 At this date tho the plain t Iff maiden name was Annie F I 1 was va about abolt yearn of age uge un UI unmarried married and resIded readied with lh one ono of or tho the il I es of or President Young Youn Ac According AcCording cording to her own on testimony the sho he was wal possessed of at the tho proper quail qumI quai to enter Into Int the tho John It I Park 1011 was 01 about W Wear 4 ear of ot ngo fige oro nod and 1111 a n bachelor Ho Ito 10 was 1 It ot n u society man mn In the tho ordinary nc no of at that term but bul liln hl time tInk tm and means to tc te educational matters tad lTd nt ot the time of at his death With uns 11 su MU aut of ot public In ruction for tor forthe t the tho Mate hate ta te teI rIm I hI between Mr Mv 1 Parl I coil nl the Iho bryan 1111 several Boerl yearn r r to the t Ie suit ith day of ot December i 1 p 2 but t tIme the social relations rela between hot I them was IS friendly and no 10 moro more Ho Hon 10 I to II n v ICI Qt r courted or professed n a love for Cor or orink I ink uk I 1 her to bo be his hil wife nor does lIons tho the thoI I nee chow ho that time tiie plaintiff d hI ft enter i 1 any closer cloRer to Mr Ir Park Pul than that of ot a n it Mil Mit Ia TESTIMONY j tho the testimony of ot Mr Ir C AV W Pen PenTO I TO ro 1 e 1 J find that ho Is 18 rind for fop many mOi I Jears cas ears last pint t han been beel a n High Priest In la tho the Mormon I Church reli nail and alwi the Iho t hot t editor of or the tho the tho I nHI newspaper of it the Church I that ho Is 19 well acquainted I with and wel wih Knows the tho doctrines i ordinances cove COe nants nanta I ant and 1111 ceremonies of at the tho Mormon I Il l hurch hureh hu relating to 10 marriages and yea I tn His 19 testimony establishes tho the thoI I that on tho the thi tiny day In of ot all IM In Ine e there thero were verc according to such alch covenants anti and ands s the following of at mar lar j itari oath solemnized anti 1111 1 II viz Iz for tor time Tho marriage and sealing for tor or both t 11 anti and eternity marriage or seating sealing for tor ty t only That fht a divorce from coma the marriage for tune time In II the tho no first nil clot second tau hI only oily bo ho h granted by hy n a court of at Oll tent tont Jurisdiction jUrl leton limit Hut as na to tIm tho Ko or sealing scaling for tal only In II II his third class clau according to tho the do tine t ordinances anti and customs of or th I hureh II itt H that tho tim relatIon between the trie man and 11 tim the woman so 0 sealed or married may In bo ho Io dissolved Ils mind and 1111 tho the par lr Ilp ties ica freed from the tho obligations thereof i 0 1 y tho the moan man giving to 10 the tho t hl woman n a bill 1111 Jr of at divorce commonly COl mOi known amid nHI called I hii divorce divore That a dealing or for eternity only ani such as de fined Inell In time the third clans chas was RM not n a bar br to either cither party from marrying any oth other er Cr r person for or time only That the tho pur Itose IO O of or a n sealing or marriage for tor choral eternity ty t I only emily is limited to creating a spiritual I relation between the spirits of ot the nan man and time the woman oman so sealed seated to 10 become ef of and Ind for the he essential o exaltation of or the woman Moman oman In Ift II fie t e nest neat le t world That n a marriage for Cur tIme and amid also tor n a mar marriage and nd sealIng dealing for Co time and eternity mean matrimony and flu Include the liege 1111 of at cohabitation Hut Jut that tho the marriage or sealIng pealing for tor or eternity alone does not mean macan matrimony or Include time the privilege of ot cohabitation There are arc proper poper set Fet forms Corms of ot nil all ni these sealing scalIng ceremonies furnished by hy the Church to tIme the tw Priests none Ino of ot which are lre published In sortie Rome of at the forums forms It I does doeR riot not It specify that the par ties tics tel must mu t live together that Is clImb I The and Intent of the parties would govern TO io 1 Hi 1 DYING Tho The plaintiff was vas nR supposed to bo ho upon her hor death bed hed by I her Ier herself self Bolf attending friends and phy ph Her ler dissolution wan usan Imminent and under tinder lon Mrs Irs Wells a mother molher In the huth suggested to tnt the tIme plaintiff that It I would be better for her hor In time the next world If It I be seated sealed for tor eternity to tn Rome Rood good man to which she Rho assented In casting about the tho sac rifle fell Cel upon ullon John It I Park Pak A Ames mes conger cenger was sent to him and he canto came cameto to the time house houw In which the plaintiff He lie II sick entering Into the tho sIck pick room rom ho lic was Informed na as Ol to 10 tIme the tIl condition of ot time the tl plaintiff and amid being assured that tho tim plaintiff would die tile he consent rd If that he lie would be bc I sealed to the tho plain plaintiff plaintIff tiff for eternity only club 01 As Au he Iw entered Into the Iho sick Mck room the time plaintiff seemed scented to be he In a n sinking RInk unconscious or semi Feml semiconscious conscious condition and made nale Ildo no ob 01 orble response re In the time performance p of at tho the ceremony and no nn audience was held between the plaintiff anti and Mr Ir Park Pirk prior to the tho ceremony The Tho witnesses Hannah Wells elIs and amId Lucy YOI U 1 were welo both present as asand i und and 11 Mid heard the tho words orda loken and saw caw what was Ins done and amid both refused to repeat or 01 state tho the words spoken or orthe ortho orthe the tho acts done domme dOlo by b the tile or by John n It Park larl or by hr l Daniel 11 II Wells Wels elis In Iii Inthe time the ceremony In Iii II each Instance the th refusal was not nol based upon want of or recollection but solely upon Ullon tho the obligation gation Jaton they hey the I respectIvely owed the tho Church In Iii 11 that the ceremony was se secret secret cret erot and to the tho Church and Int not u IL I mutter mactIer muter of ot public concern concer Mr Mv I Penrose In defining helloing d the tho doctrine covenants amid ordinances and the time mar marriage or ur sealing for lor eternity practised by tho the of ot tho tim Church refused reused to state the Iho words Maid Hald Haldor lall or 01 time the things done by I tin participants that constituted tho the ceremony for tho time that Ihn they time were sero sacred secrets to the time Church anti and were ere never noer divulged dl Th Tim scaling certificate Is as ns follows John Hockey Park Purk born bor Seneca Ohio j 7 May ulay In Anna Flora born Ir Not Nottinghill London L 10 19 l 1853 The above parties were vero scaled by b bIrc President D 1 1 II I Wells In time the presence or of I I Free Young at her h r resl resi residence thence dence In Halt Lake City Clr U T r Decem December tier her 6 m The lady lud being on her sup supposed posed death bed he IANI H II I WILS Hut But on tho tIme other hand the tho plaintiff In her testimony to give HI C In detail the ceremony tIme the words uel by bythe time the priest nod tho time of ot Mr tr Ir Park and timid herself wherein Mr Park luk was asked if I he lie John 1011 H It Park would tithe take o 1 l to bo bu his lawful and wedded amid his hla response I 1 do tin the tho like question to item her It If site she would take John H It Park to tl bo be her hem lawful timid wedded weddel husband and amid her response o Yes Yep whereupon the thu 1 t lag priest I them t hus Imus husband hiS band and for tor time and eternity DID 1 NOT nm Contrary to time the expectations of ot the tho participants and the time attending friends Miss tb IHS tn the plaintiff miLd did Ild not mile die Ile but bUI t I ly thereafter ell 1 mer accustomed nt health tIm John mu H n lark Paik being bellg silent as its lS to 10 tho time relations that obtain between hush i ml and wife wie ife the plaintiff lIt sought t mu ad Inquired I I of ot him hll as ns asto to what whal their WHO and amid he lie Ill In Informed formed her that In io so o far ns as ni they the be bo being beI ing III I mug man led that tha t was w a a Impossible I That flint ho Ito 10 laud had an ni impediment that prevented him ii from over ever Ol I ag man led the t lie he na nature ture turu of lt which it would not ho be proper for foru forIt u It young og woman like her hem to know and that hu hue would give Io her hem u a 1 divorce which is Ii as its lS follows Known mu nil all al men nien In by h these heo t o That WI we c the time tinned John Johl II it 1 ParK and 11 his hii wife II Ie before her mar mur tInge ilage to tn hInt him hll Annie do du here lucre hereby hereby by imy mutually covenant t bee agree to tn dissolve nil nib I the time which hitherto existed between us as 11 tumid and Ind wife 1 e and to In keep our Otis olvo to apart from Crum each cach other othen oh from felam mm this iii S time lame Ihle t forth In Jim witness whereof wo we have here hero hereunto unto Into sot set talc our hauls hands ut mit Salt Halt Luke Lake City IT t f T this 1111 day of ot March 1873 13 Signed JOHN 11 It PARK lAItI PAHe AN NIK PA It Signed In 11 the tho presence of at D ale Jamel Jack ADMITTED A Irl NON After Aler time the ceremony and mund tho tue plain plaintiffs tiffs recovery r oer she ahe In discussing tho time affair with some of oC her hot female nc Lie Il l that site she was imis not to Mr Me Ir Park hut but only on settled Healed to him him for Cor eternity was called calIll and alid went by b time the name lum of ot amid did not nut assume ns or UI taku t it ku the tho tit e iiama ima mae of IC hut hoit held holl herself herselt out lt to tho Iho community a I t y ns as n a inele e person until ti a t I I the I ii year 1875 when sho she anti and William Hilton were verc married AntI And that they ever since sI mm cc have been blen and a mid Iro mm re nuts now I husband ad adanti und anti wife Ifo jt it will 11 bo be e observed oh that there thore was isas no hesitation I on omm 01 tho tito part of ot time the plaintiff reproducing r tho limo ceremony In 11 Its Is en Ca entirely hut butt that hint Mra Irl Wells e Mrs 11 Young to do llo so because of at their obligation to 10 time tho Church Chulch not hot to 10 reveal it I Mo Iao Mr Ir refuted because to state tho limo settling sealing ceremony it Il wn Ins a I I secret or ot time the Church ins us 1 le I divulged This Is pe 10 peculiar culiar If I Hie lite s l ceremony I Ina li Is na till 11 thu the plaintiff states It to 10 be bl I cannot ascrIbe any reason renson ren ol why h either Mrs Wells or 01 ii Mrs Young would have re rc refused refused fused fU el tl to o unto sinto Iho the same In II evidence It If ItIn In II tact fact It mUtt did exist And 11 imd the time panic may amay mayho mayho amayIto ho Ito sold said I ns OR to tho time refusal of ot Mr to tn state what time sealing ceremony of Ir time the Church Chuch for Cor only olly was wal My h opinion is IN II that tho time lal mm th ifs memory Is In at nt fault Mr Preston upon nu nn ex cx examination of at tho limo of or tho time core cere ceremony cerl mommy mony mOi that In Iii accordance with Limo tho nbc doe do and of ot tho the Mormon Mollon Church in II such matters mater time the ceremony was 11 a I I dealing for or eternity only olly because became time the certificate contained time tho death bed heni Ho lIt In also Ilso examined tIme the th so flO called nICI divorce and explained that mich was wan In usually given In Iii II Ilko liko 1 cases where tho time desired It I That tho time two taken together did dil not mint nt constitute th the ordinary marriage That the time ceremony wn was a it 1 waling sealIng for lor eternity anti tho tim dl 11 OCI dissolved thit th t relation Tho Time sub stilt subject je dug being wholly anti and having nothing to do IG dl with wih temporal the Parties could coull or 01 dissolve d Iho between them hem h nt ot pleasure Daniel H 11 Wells oIls Ins vaa time the High leh I I Priest I who him performed the time sealIng scaling ceremony between het tho limo plaintiff amid Mr 1 Park and amid also alMa tho tIme marriage ceremony between tho limo plain tiff lIft tC und and Mr mtr Ir Hilton I l 01 |