| Show IT THE HE SUIT AND THE vii As there Is considerable linum taken by the public in the milto pending in the tho third 8 ri involving the interests of t til church and executors as well will I 1 the estate of ho the late brigha mYoung aming we draw aued tion to the concluding sections 0 the will win of the respected deceased deom which bear hear jori the q ast lons ions tte are ale under 0 36 1136 1 appoint to ba be exa ext and trustees under this thia wil will ohp I 1 ar cannon brigham and albert carrington with na authority therein contained W authorize auth orize oriza them to take asa aso he j joint oln oin t commission three per cht v principal passing through hands to be charged but oia the same principal and fik fib fivay civay ae cent on income but they IN make no charge as orl 04 a ren ran k any ho homestead act occupied bf haeni hanni mj legatees lega tees q 37 1 I authorize my exe euton cuton RN trustees with the consent 0 op I 1 said mothers or mother and of all their children of tse tre t of tw twenty enty one years to v and close the entire trust of q I 1 estate reserving and keeping athe atte terest the shares share ls of all they shall respectively arrived sald auld lawful age and the ot of said legatees lega tees shall be a f charge chargo to the executors andtius and tim tees and every trust shall be closed dosed within twenty one aft erthO erthe decease of the surviving mother rot of my children aforesaid 38 lauth 1 authorize oriza my executors ta settle all trusts wherein I 1 am trustee and to pay any debts I 1 owe in respect to the same and ti receive whatever claims may due my estate and it make conveyance and to tg the proper party or parties 0 the trust estate and to take prop prep indemnity and security as to at al outstanding liabilities I 1 may b under for such trust estate so mouths thy my private estate shall suffer n D loss by reason of my liabilities ii it such debts s 39 to prevent any failure trustees should a surviving execl tor or trustee trustees original or of bubbi buted die leaving executors or I 1 executor they or orne ahe and the ei ek livors or survivor of them sh be the executors or executor trustees or trustee to complete v trusts of this will with all t H authority and powers therein su so ed and should the surviving exe ext ex or trustee have left ng exer exe tor or should ho he or th theadie thoy they die dle bea beff the complete execution of tho the tn they the tho executors executor s or the survivors or survivor of tile the executors of my ray will win or substituted trustee who shall havo next before died shall be the exec tors or trustees or trustee of my vili win and so back until an executor or some executor of my will or trustee shall ba be if any chilst who shall havo bavo the authority and powers aforesaid so that no vacancy in the trust may happen 40 in testimony whereof I 1 have hereunto sot set my hand band and ses sea besl seal this thia furtis fourteenth anth day of november 1873 sen ben ss as signed se sealed ailed viled published and declared by brigham young sen ben to be his last will and testament in our presence and we have at his request in his pres presence etrice errice and in presence of each other sub our names as witnesses thel th thereto eleto eto jose josf soseph JOSEPH pir ajr P R D i tames JAMES jaon JACK it has been charged against the executors that they have unlawfully taken and appropriated a large amount of the property and funds of the estate to their own use under pretence predence pre tence of compensation for their services expenses of administration ana aua the payment of legacies the amount ot of compensation for tile the services of the executors it will bo ba perceived by tho the above quotations from the will was fixed by the testator and was not left to their discretion nor to bo be determined by any person or court the executors have been governed in this as well as na all other matters pertaining to the estale estate solely by the expressed bloat wishes ot the deceased this charge against them must then fail to the ground 1 it hag has aiso also been alleged against them h em that they have fraudulently allowed a false and fraudulent claim agalia against et the estate by the trustee in trust for the church of jesus christ of latter day saints it is pretty well understood by the people mormons Mor mons and non mor cmor mons 11 that the late president young held bald consid arable arabie property la in his is own name namo in trust for the C church hurc h but perhaps it is not so widely known that he made provision in his will for the conveyance and of this property to his successor an examination of section 38 of the will makes thia matter plain and definite the executors are thereby fully authorized to take the course which they pursued when the valid claims of the church were presented and established if they had failed to make the transfer they would not only have been derelict to their duty aa as honorable men and as members of the church thus interested but also as the executors of the last will and testament of the deceased whose wishes they were sworn tl to regard and carry into effect they were selected by the testator to attend to this important business because they were acquainted quain teg ted ab bis hia and the I 1 ut claims of the church aa as well veil aa as the reasons which led to his personal assumption of the title to property accruing and belonging thereto their position as apostles did old not debar them morally or legally from entertaining the claims presented neither did their duties as executors conflict with their ecclesiastical calling the wishes of the deceased and the demands of his successor in office as trustee in trust were harmonious and in complying with the latter they but acted in accord with the former in this they them will be sustained by fair minded people of all betts sects parties and degrees and we think will be supported by the courts as well as by the law the charge against them is of the flimsiest flims iest character they cannot ba be bene bitted fitted or otherwise by the conveyance convey once complained of one of them at least would bo be a blosor by the transaction supposing it to be ipa Ira improper proper and their position as apostles of th the e church gives them no more actual interest in the property conveyed than the humblest member received into its fellowship low ship ra eor for or the property of the church is not under the private control of its officers any more moie than of its members it belongs to the whole body not to a select few it is s not subject to the personal wishes of jot any rf of its dignitaries but is held in trust for the entire organization T therefore he there is not tha th a faintest semblance of a sh shadow adow of collusion jn n this matter but only a proper regard for legitimate demands madg made by the church governed by the declared wishes of the testator and the real interests of the tho heirs and lega legatee tees teeb it has been further charged that as apostles Aps aties atles they have claimed acau authority to control and direct the acts and conduct of the members of the church in all things and in that capacity ato tto to disinherit the heir legatee and beneficiary members of the church refusing to submit to their commands and doings in this behalf now it ought to be known if it is not that no dignitary of our church makes any such pretensions this statement was a big blunder of the lawyers interested te in the suit The power of the priesthood is not extended to any such measures the leaders of the church make no such pretension popular rumor has credited them with powers or the assumption of powers that the church covenants not endow them with and to which they lay no claim the i idea ea I 1 is 9 a absurd b 9 urd ard the charge is utter utterly y fal tal fallacious laeko u 8 and the allegation cannot be sustained in the least either by citations of doctrine or reference to fact facts it is clear from section 37 of the will that the executors were fully authorized to wind up and close the entire trust of the estate under certain specified conditions these were strictly complied with the mothers and their children over twenty one ono years ot age did consent to and were anxious for this bettio settle settlement as appears of ree rec record ordin in the probate court and as ns attested by all their signatures they gave their acquit as provided and these were to be in the words of the will a full fall discharge to the executors and trustees now let any candid persons look into the transactions of the executors with an understanding of the intentions of the testator and they must be convinced that eved oved if the executors have done anything not technically in accordance with statutory law which however by no no mean means s appears they have ende endeavored aw avore d to act in obedience to the spirit aud letter of tho the instrument which ia is law to them and that no reasonable blame can be laid at their doors the will of the deceased ia Is their code in off lelal official action its provisions are their rules and its objects their aim and end there is nd no need ta draw a vail vall of lecresy over their doings nor to shrink from the closest scrutiny into all that they have accomplished but at the same time it is a subject of general regret that matters which only concern the church and a few individuals divi duals should become a topic of discussion and the object of misrepresentation in the world at large we hope that justice truth and wis wisdom dom will prevail and that the wishes of our departed ah chiet iet let will not be rendered things of nought by the intrigues of lawyers and the rulings of bf courts while the estate he has left dwindles away in fees and expenses and the widows and minor heirs suffer the loss and cry to heaven for redress and vengeance |
