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Show wo PAGi: THE DAILY RECORD Suits Jlailij fjc Scoiid Clan Pottage Paid at Salt lake City, 1 13H7 South Alii in St. Phone Salt I.ake City, Utah 84115 Utah 487-065- NATIONAL RSiSBSTAfflKS KORBUT MILLER 44463- - vs rubilahcr SUBSCRIPTION RATES 1 War C Monl ha A compilation of selected public Information published djiiy (except Saturday, Sunday and legal holidays.) Typographical errors witi lie corrected noon Koliflciatlon of the publisher. LEGAL NOTICES RECORD has bcea approved by the Judies of the Third Judicial District of the Slam or Utah as a newspaper qualified to pn.lish notices, advertisements, etc as proviri:'! y I lie statutes of the Slate of Utah. DAILY iPrciiaie end Guar&axshSp N ices SALE THE FOLLOWING DESCRIBED 1'iiOiliRTY will bo sold at & public Auction to (he highcsL bidder at tho south ground level entrance of the Hall of Justins .Building, in Salt Lake City, Salt Lake County, State of Utah, on Tuesday, April 18, 1972, at 30 minutes after 12:00 oclock noon of said day: 1357.95 feet North Beginning and 500 feet West of the South quarter comer of Section 26, Township 1 South, Range 1 East, Salt Like Meridian, and running thence West 294.0-- feet; thence South 5 19 East 172.7 feet to the North line of the State Highway (3300 South); thence East along North Hoe of State Highway 27fi.(M i .t; thence North er lew, to the point 171.95 feet, of beginning. located at 3025 East property 3300 South, Salt Ic.kc City, Utah. Purchase price payable in lawful money of the United States. DATED: March 14, 1972. is . . , 44465 Utah vs A. COMPANY TRUSTEE Hardy, deceased. Plaintiffs and Respondents, of Coma ' Pltf LATHAM; $166.00; $318.51; wage claims 44466 - John Thomas dba Majestic Compacts vs WESLEY J. MARION G. LITTLE LITTLE; AND Pltf $200.00; contract EIiLETT, Justice: 44467 - Utah Power & Light Co. vs BUD RICH PLUMBING 44468 - Judy vs Howe MARTIN Pltf$180.72; bal REYNOLDS; Center vs MIKE $338.00; bal Pltf STRAND; 444i0 - Olympus Credit Agcy vs CRAIG MCLACHLAN; Pltf $69.04; bal 44471 - Collections Unlimited Agency vs SHERRY K. SNYDER; Pltf$20.00; $35.00; $10.00 check 44472 - vs Inter lake Thrift R. DONALD Co AND RUESCH Hardy, hereinafter called the mother, died testate in April 1968, naming Edna Hardy Hendrickson, hereinafter called the daughter, aa one of the executors of her estate. The daughter died in October 1968, but had filed an inventory in the estate of her mother prior to that time. Bertha All of the property originally belonged to the mother; but due to age and illness, the mother caused or permitted funds to be placed in joint accounts with die daughter. When the inventory was filed in the mother's estate, the daughter did not claim the joint funds or the stocks and bonds as her own property but listed them as assets in the mother's estate. It was after the death of the daughter that this dispute arose. James S. Hendrickson, the surviving husband of the daughter, now claims all of the stocks, bonds, and joint funds on behalf of himself and his children. trial court heard the testimony of the witnesses regarding the condition of the mother, including that of a doctor who testified to the physical and mental condition of the mother at and prior to the time of the creation of the joint accounts. The court was aware of the law relating to joint tenancy accounts as laid down by this court in the case of Beehive State Bank v. Rosquist, 21 Utah 2d 17, 439 P. 2d 468 (1968), wherein it was held: The so-call- HARRIET RUESCH; Pltf$312.00 $110.00; note 44473 - Prentice-Hal- l, WESTERN ENTERPRISES Inc. vs It seems to us that what all of the recent cases in Utah have been trying to say is this: 44474 - Aetna Finance Co. vs K. JOHNSON ROBERT JOHNSON; bal Date of firs! mibliculion March 16, (33072) 1972. AND If the contract between the parties ostensibly creates a joint tenancy relationship with full right of survivorship, there arises a presumption that such is the case unless and until some interested party shows under equitable rules that the contract should be reformed to show some other agreement of the parties or that the contract is not enforceable because of fraud, mistake, incapacity, or other infirmity. Pltf$246.07 Disposal vs OLYMPUS TATION INC. AND DON H. TRANSPORWAG-STA- Pltf$46.65; check WALK; IN THE DISTRICT COURT OF SALT LAKE COUNTY STATE OF UTAH INC; salYilf.iieua, Defendant. NORBCO SUMMONS Civil No. 6283 Pltf$481,66; INC; $75.00; check 44479 - Dean A. Riddle, vs BRUCE GIFFORD; bal THE STATE OK UTAH TO TIIE ABOVE-AMED DEFENDANT: N You arc hereby summoned and required to file an answer in writing 1o the attached complaint with the Clerk of t'j;. Court, and to serve upon, or mail to Harlan Y. Hammond, Plaintiffs attorney, 914 earns 'Building, Salt Lake City, Utah, a 6opy of said answer within 20 days after service of this summons nnon you. d If you !;'! so to do, judgment by default will he taken against you for the relief in said complaint, which has In n filed with the Clerk of riid Cuiiit uiiJ a Cwpy of which is hereto annexed and herewith served upon you. Dated 2nd day of February, 1972. Attorney for Plaintiff Kearns Building .'Vlt f oka City, Utah Date of fir .i publication March 16, ll72. ( 4672 )W Inc. Pltf$871.75 44480 - V & M Beehive Motor Co. Inc. vs HANK JAN EVENS; Plf$238.96; $100.00; agree. 44481 - Reamco.Inc. dba Motors vs RICHARD REED YD ALLEN AND TOM NICHOLSON; $155.00 Pltf$409.; contract trial court made the following findihgs of fact: J. CHARLES HOGLUND; E. North vs services 44484 - R. C. P. HARMAN; Bountiful State Bank was opened for the sole purpose of allowing Edna Hendrickson to handle the business affairs of Bertha Hardy, her mother, and that Edna Hendrickson made no claim of ownership by reason of the joint cards; that this would apply also to the Prudential Federal Savings fe Loan account; that the Savings & Loan account was not as opened by Mrs. a joint account, but was opened by Mrs. HendricksonHardy with Mrs. Hardy's funds; that this was meant to be no more than a method of obtaining greater interest on the and that monies, there is no evidence to indicate that Mrs. Hardy even knew it was being done. 12. 44482 - Interlake Co. dba Interlake Credit vs LINDA W. JOHNSON; Pltf$.S12.82; contract 44483 - That the Court finds on the basis of clear and convincing evidence that the joint checking account in the ' $12.90; BROOKS By: Him Inn Y. Hammond The Pltf$40.63; bal due 44478 - Bemis Co. Inc. vs MARIA TERESA HERRERA, Plaintiff, hold that the law is as above indicated. We 44477 - Marie George and Joseph George dba George's Glass Co. vs OLYMPUS DISTR.CO SUMMONS above-entitle- 44476 - Morgan Jay Smith dba Hunter 66 Service vs HAROLD J. ed .INC; Pltf$599.83; bal KATHLEEN S. This suit was instituted to recover some stocks and bonds and some funds held in ostensible joint tenancy by the mother and the daughter. Pltf$116.00; acct Ry P. J. Sullivan President f.V" Pltf$225. Industrial LEE Hardy and Frank W. Burningham, Executors of the Estate of Bertha Stahle Hardy, also known as Bertha S. 44475 - Doug Jensen dba Doug's McGIlIE LAND TITLE - JONES; bal 44469 - Juel E. Trowbridge, et al dba Bountiful Med. NOTICE Thi'-- : - Alfred Marsh vs CHARLES Pltf$256.17; bal Consult clerk of I ho District Court or the rr.crvctivu signers for further Information. OF TRUSTEES Pltf$157.5 ECK; bal due. In The Supreme Court Of The State Of Utah W. Ray Specialties Distr.Co WILLIAM B. 44464 $60.00 $35.00 $20.00 t Quarter me Fltf$ 256.39; bal ls55raE5555?R5r3e A. 44462 - Contracts Funding & Mort Exch. vs JAMES D. TASKER AMD SANDIA TASKER; NEWSPAPER imtrM.pi City Court THURSDAY, MARCH 30, 1972 ?ltf$322.50 Allred vs HARMAN AND NADINE Pltf$257.66; bal That the Court finds. the evidence to be clear and convincing that Mrs. Edna Hendrickson was placed on Mrs. Hardy's checking account for the sole purpose of assisting Mrs. Hardy in paying her obligations after she was paralyzed by a stroke and incapable of handling her ownpartially business affairs; that the funds in the Prudential Federal Savings fc Loan Association are actually the funds of the checking account, and the placing of the name of Mrs. Edna Hendrickson on the h Loan Savings account was Mrs. Hendrickson's act only, and that Mrs. Hardy even knew her $5,000. 00 was nothing indicates being used to open said account, and the Court finds that she did not know il-- 44485 - Byron C. Keller dba By' s Body & Paint Shop vs H. ALLEN COVEY, JR; Pltf$480.21 $48.02; $175.00; bal 44486 - Zion Motors, Inc. vs ROGER S!;!;; 44487 4445y - Dermatology Assoc, ALFRED REES AND MRS. ALt RED Rl'.ES ; 4446 a Lu , PI tf$254. 5b 44A51 ; Inc, vs Pltf?;. 11; t Intcnnoun-fcai- JACK NORTON ; bal JR; Pltf contract 44488 - Zion Motors, Inc. vs CHARLES E. STODDARD; Ptf $148.66; $66.22; breach of contract n, - writmiY i 44489 - Zion m UUHUI, . P the daughter upon the" $279j69; $109.90; breach of bal due - Volkswagen Pltf$154.38 of the trial court are. tantamount to a reformation of the joint tenancy agreements, and the evidence supports the findings. - Zion Motors, Inc. vs JAMES D. O'NEAL, Pltf$75.00; bal - Volkswagen Intermoun-1 r.c. v? WII.LTAM ALLEN ; CLEGG; $68.12; contract City Court vs V. Ihe findings Motors,Inc.vs CHESTER N. ANDERSON; Pltf $698.67; $249.55; breach 18 ume oi me mother. and baed UPn a horthand iote envelope in which they were enclosed " I insufficient un appeal the evidence is viewed in the light most favorable to the lower court, and the finding, will not be disturbed unless they are delr v against the weight of the evidence or it manifestly appears that the court mi applied the law to the established facts. Shaw v. Jeppaon, 121 155 239 P. 2d 745 (1952); SUnl.rv. St.nlr, ,7 Utah 52 94 P. 2d 4fit (193,,. We are fortified in our belief that the trial court prooerlv ruled in this matter by the fact that the daughter during her lifetime never made any claim to be the owner of the joint accounts or the stocks and bonda now in of contract I t. I - t |