| Show PRESIDENT BRIGHAM YOUNGS ESTATE snit suit against john taylor et al and the Executor executors i SEPARATE ANSWER OF or JOHN taylor in the bi district strict court of the third judicial district of utah ulah territory emeleno A yeung young on behalf of herself add slid the heirs at law and le batees and beneficiaries under the last will and testament of brigham young late of salt lake county utah territory deceased plaintiff vs george Q cannon albert carrington and brigham young executors of the last will and testament of brigham young late deceased and john taylor john sharp edward hunter horace 8 S Eldredge George goddard leonard W hardy theodore dic mckean rean Kean joseph C kingsbury angus M cannon defendants thia this defendant john taylor comes in his hla own right only and for answer to plaintiffs complaint alleges I 1 that ho he has hag no individual interest in this controversy and that his only connection with the matters in controversy is as trustee in trust for the church of jesus christ of latter day that bald baid church is a domestic corporation existing under the laws of 0 utah territory and that he is its chief officer and acknowledged and acting g trustee in trust for the purposes of guarding and maintaining its rights of property and privileges and powers conferred upon it by law but that said corporation is not made a party to this suit nor is the defendant made a party as its trustee II 11 this defendant on information and belief denies that the plaintiff emeliano A 6 young had authority to bring suit for or on behalf of any of the heirs lega tees or beneficiaries under the said will ot of said brigham young deceased or that she was in any manner authorized to represent them or either of them or to bring a suit in her own name for or on behalf of said heirs legatees lega tees or beneficiaries and thib thia defendant danles dailies that the said heirs legatees lega tees devisees devi bees sees or benefict ares area under said will save said eme erne line A young alone have been made parties to this suit either aa as plaint iffla or defendants or that said emelene A young has any legal right to represent them or any of them or that there is such legal relation existing between said emeline A young and the other heirs legatees lega legat tees teeb eess devisees devi sees or beneficiaries under said baid will of said testator as authorizes her to represent them or any of them or authorizes an adjudication dl di of their right on her application or the allegations and statements of her complaint this defendant denies denlea that the questions antimatters anih anti matters in contro veray are of common or general interest te rest to all the heirs legatees lega tees de visors or beneficiaries under said will but on the contrary alleges that each family of the testator r constitutes on utes a distinct and separate class by bald eaid will and only the children of said emeline A youngs mother t by said testa testator tori tory or their descendants constitute the class to which ehe eho belongs or have a joint interest i with her namely ella elizabeth Y empey marinda hyde Y conrad hyrum smith young louisa W Y furguson lorenzo D young alonzo young ruth young johnson and adela elvira young ill III thia this defendant on inform information and belief denies that s ild testator died seized of estate worth over and above all just debts and liabilities or that the property to which he held the legal right or title was worth ovon over and sad this defendant says saya that machof much of said estate was heid held by the testator as in trust for said church which was the equitable owner and beneficiary and that he was largely indebted at the time of his death and justly owed to said bald church over IV this defendant denies that since sinco the day of george Q cannon albert carrington brigham ighani Br young or either ot of them have ever been assistant trustees for the said churcher Chur chor that they have ever acted or been recognized by said eald church or its legally constituted authorities as such as trustees as charged by the plaintiff in her said eaid complaint or that they are now BO so acting this defendant denies that the executors of said will of sald said testator have pretended to allow in defiance of statute and of their duty in such cases or have fraudulently allowed a falee and fraudulent claim against the estate of the testator on the loth day of April 1878 or at any other time to this defendant as trustee in trust for said cald church to the amount ot of 90 or for ady any other amount for bali ance on railroad contract account balance due on utah central railroad account errors in footing and extension in account ziona cooperative mercantile institution account balance of book account from june juna both 1873 real estate social hail hall lot and building real estate museum let and buildt bu bunding dg I 1 real estate council house lot and building amount of errors in credits in president brigham youn youngs 9 private account amount to reimburse the trustee in ln trust for error erroneously credited the private account of president brigham young for subsistence and quarterma quarter mastera stefa steea bills etc as per entry ot of august 1666 1866 or for any other item but on the contrary defendant says bays that each and every item of baid eaid claims so allowed by the executors and approved by the probate judge of said salt lake county was waa a bona fide existing indebtedness honestly due and owing to baid said church and baid eaid claim for baid eaid item was for the funds property and assets of said church under i the control and in the legal custody of said testator as trustee in trust tor for said church VI IVI and this defendant denies that said sum or any other sums allowed by the said executors and approved by said eaid probate judge was tale fale fraudulent or illegal or that baia sala executors by collusion and fraud with this defendant at that or any the tho fraud and illegality of eald said claim and intending to cheat and defraud said estate and the beneficiaries thereof under baid said will did inform allow said eaid claim as a ajust just and legal demand and caused the same to be filed died in baid said probate court and procure the approval and endorsement of the same by tho judge of said court but on the cont contrary said bald defendant bays says that each and all of the items of said account alloy allowed ved ged by the executors and approved by the bald said probate judge were honest and legal equitable and bona fide items due from baid eaid le testator to said church and growing out of his hia relation as trustee in trust for said church for p property r and assets received by th the e testator for the uhe use of the church and for which he had not account accounted id or settled for in his bis life ti time menor menon nor non appropriated to its use and that no item thereof was barred haired by any statute of limitation nor by lapse of time first nor was said claim false as alleged by the plaintiff because there was no such indebtedness on the part of the deceased at any time as therein charged second nor because the same was barred by virtue of the lapse 0 of time and by the statute which prohibits the all ali allowance ewance of any claim against any estate not accruing within the time prescribed by the statute of limitations third nor because the pretended claimant for whom in trust the said claim was presented was not capable of having or owning such estate or assets and the whole of said eald claim was fraudulent illegal and void and the facts were well known tohaid to sald eaid executors and john taylor and all acts in recognition thereof were prohibited by law and void fourth nor said executors colluding as aforesaid I 1 with said john taylor to defraud said estate and the beneficiaries ud under gaid eaid will on the gih day of april 1878 and on other days and timed before the commencement of this suit made mado and delivered deeds deeda and ire Ine pretended tended to convey and deliver to bald said john taylor in payment of mald paid claims and as tru trustee trust of the tho church of jesus i christ of latter day saints the property prop erty eity set forth fonn by the plain till in her said complaint or any part thereof Ande and each achand and every allegation of the complaint as above net forth is specifically denied as being untrue fon lor in fact and in jaw law and equity each and every item of sald said account eo go allowed by OY the ax x and approved by the probate judge was due and sad owing by the testator young deceased for property and assets received by the testator for the use of tho the church and for which he be had never during his bis lifetime settled or io in any way or manner paid or accounted for nor appropriated to its use uee and which was not no t barred by gapse of time nor bj by any statute nor were the executors prohibited by any statute from allow ing nor the approving the same and A ad defendant bays says that said church was amply capable as a corporation of owning and did own such estate and assets and all the coney conveyances ances auces made by said executors in discharge of said claim claims and to td secure the trust property to the church were made and received in the utmost moat good faith in the diso disc discharge harge haige of legal and sacred duties devolving upon said testator as trustee in lor said church and on his executors representing him and his last will and testament and on this defend i ant as the successor of said testator as trustee in trust for said church chure h and this defendant denies the thu right of 0 said testator testators his executor executors op lega jea leeb lees devisees devi sees heirs ai law or beut 1 fi claries clarles under said will to question I 1 the right and capacity of said church to collect bald eald claim or to own ardd arid hold such assets or estate but bays says that from so doing they and each of them are in law and equity for ever barred and topped estopped es ea this thia defendant denies that as trustee in T trust rust or otherwise he received from baid eaid executors of the personal estate or assets of the testator or that the reasonable casp cash value que of all the real and personal property eo ho received was more than this thia defendant denies that by the said conveyances so made tio to him as trustee jn n trust the said testators estate was fraudulently and unlawfully diminished one million of dollars or lu in any other sum but be he says bays that all the conveyances vey ances so made of both real and derso naI nal estate were done la in the discharge of the itie sacred duties of sald said testator and his executors sas as hereinbefore stated this defendant on information and belief denies that this property ao so conveyed to him as trustee in trust bas baa produced annually loo il or that it can reasonably be made to produce that sum or any other sum greater than after making necessary repairs and aud the payment of taxes etc VII bald said defendant denies that said executors at the time of settling said claim or at the time the conveyances were made by them to this defendant as trustee in Trus trustees of said church or that they were both grantors granfors gran tors and granlees grantees gran tees in law or in fact in such transactions he denies that as apostles of said church this defendant orthe or the baid said executors assumed to control and direct said plaintiff emeline A young or her ag agent e at as to her action or settlement in the distribution of said estate or the execution of the releases and acquit acknowledgements acknowledge ments confirmations or covenants or otherwise as to her interests infald in said sald estate nor did they fraudulently or otherwise pretend that they had bad the right and authority to dispose of said property and all the property of said estate and that she as a religious duty 7 was bound thereby 0 or r tb that 4 tt they b ey hadtke had the right and T author kor hor ity to dial disinherit her or to d deprive her of all or any shares in baid said estate ta tener nor non did this defendant claim any right whatsoever in the premises not conferred by the provisions of said will or the jaws of t the be land nor did baid eaid defendant and the executors in pursuance of such claim right and authority convert waste or convey the property afore said in any manner as set out in said complaint nor GO so far as he be knows believes er or is informed did baid eaid executors do so nor did this defendant or the executors re eo far as he knows id Is informed or believes by reason leason of arly any claim of spiritual authority demand of her or unil uril unlawfully a y or ot otherwise compel said plaintiff to make and deliver any zo lease release nor did they unlawful ly y withhold her interest lu in the estate and so far fir as the release of said plaintiff is made to him as trustee in trust he says that it was made freely and voluntarily by thel said beneficiaries for t the h e pu of forever settling all ques ions of differences and causes of litigation between the baid said church antu anti thid th estave statte el and beneficiaries under baid eaid will and this thia was waa done upon full tuli I 1 tion and knowledge by said eald plain j tiff and her attorney of the matters in controversy and the items of account and claims asserted by the chulch chuich against said testator and the claim to property held in trust by eaid said testator for foe baid eaid church and no material fact was withheld from her or her said eaid agent nor was any misrepresentation made to them by this defendant or other to the best of hin bin knowledge and belief bellet this defendant further denies that he individually made or pretended to make any conveyance whatsoever of any of or the property conveyed by the executors of said sid estate tu to ady any person or persons whomsoever er for the purposes as alleged in said eaid complaint or for any other purpose pui pul pose and for a further defence this defendant re states and alleges 1 that the ator aforesaid ebaid ebald testator brigham young deceased ased acted as iab president and chief officer of the church of jesus christ of lat ter day gia ria ints aa as a corporation and as its loutee in trust sud aud ed such relations to toll toil it from the time of ita its until me the time of his bis a anu ana as euan chief officer and trustee in trust be tic had uhe tho care custody and control of its estate arteta and funds that in the settlement of the accounts affairs and ties arising out of the administration of said eaid brigham dece deci ased aeed aa as trustee in trust as afore aforesaid hald this thia defendant as successor of bald sidd tesla tor aa as huch ruch trustee and the execl tors of his will found three cla clistear stear of property held by him at the tho time of or his death to vi wit wil it first A class of property known to belong to said church and which be he held and recognized as its property second A be held bold and claimed as belonging to himself individually and dis connected from the tho church and in which it had no interest third A class claas of property ty which once belonged to the church but the legal title to which he be hau afler atler wauda waida acquired such property was waa therefore rogar regarded ded as uncertain that in the tho settlement of the liabilities of the estate to the church and in separating its property from hl aa iu property this dub dubious ous and aud uncertain clams of property was all given to his hia estate as part ano ana parcel thereof and such odly only vas was claimed aa church property about which there was wan no doubt or uncertainty II 11 of such property the bald said executors did convey described property to this defendant as trus lee tee ln la trust as property belonging to said church the title to which was held by said |
