Show v tv the yeuh abul aej honest fen judge Bore maii july 1870 in ali contempt case Erne line A young a plaintiffs w george Q cannon etal defendants hi the district court for alio third of utah territory eliat ani corn notice of it ho executors last will afas brigham young of itaru one such an abuse of in c ft aist imposed in them as to be vh paralleled for its disregard f law through outtie in lui oiher ho repeats that they vf have most shamefully abused reposed in them us by the young deceased the instances of alic aud of duty by tho aftic tery numerous too given in detail and in fact th course of the ad shows the continual like abuse by these execl tilso statements are so unfounded io i o and so absolutely I litto constituents who have elected nia to be their da legato in iho congress of tho co bains and to lionett dpn everywhere to give aliis yuwu d in tins way under ordinary I would be inclined to await process ot jhc courts and to leave my and my act tv be vindicated by ahe evidence out in alln this whole proceeding pro seeding is so extraordinary and there auch aun arnld Ld termination to antici at the caeto have it drejaj cd und by the circulation of as this decision con tw V ia a opinion be a duty to speak out at aliis liine I db not it ne cefay or proper at time to reply to the charges which appear in this of bliem le untrue alij ethen wre that ift o ourselves and cicely crann powers ns executors if rue we did so because we were authorized todo go by lie will on can who reada A remarkable docu roan t prepared great care and it collert up an the executors president youngs quila to one the cir surrounded fur rounded him were anomalous no one knew this letter ahn himself jie intended that his executor should exercise areat the settlement of his estate and hud liis will prepared accordingly can any one who knew for a moment that he e alire confidence in a he chose as his exit ITe would not have infinitely preferred their decision upon ay point totham of judge Jio roman or t lie for the plain kiflin ali is caw luver luv lr known that the church his own private property were for years his death interwoven he well un ders lood the weighty reasons there were for thi his surviving assoni ates laid bi executors were also well acquainted these reasons bat chhou li this was alio case he was not lave things remain so upon apteral different occasions lie seriously plan by he apulu safely transfer the bulk of tle cs tao tuat stood m hit name to ae ro bay personal knowledge it wa his chief desire to give the larger portion of lia property to the there were reasons which in ta prevent ins doing mi birgh conversed with roe upon tho subject of his will he proposed to change it f hia beirs ten and the remainder to the church I mention thia not because it BO much the question at itsuo in this case but to show that president youngs con Jt stint int daeira that the church hanyu large share of his prop there ichao iV hao which gave as he sup to every thins of a trust character so thattie the chura should be fully protected abat clauso thief wo acted in the claim of the church and we did o bously and as we lully believe cju it ably ve settled no claim hat we thought waa barred lv the statute of H re there were any wo invariably referred it to the probate court and obtained its decision upon and before paying it its approval of the claim ary dollar that we are accused in thu decision of settling improperly a jury of honest men would have said due and should be claim wat carefully vs and decided upon by its far as my observation extended everything andone that could protect hr alio widows and the heirs lims to pay all honest claims and demands alio estate A to the church claim I never performed an act in my lite with which I felt better after its completion than I aid eith alio acet clement ot I felt then and till feel that clement was jimiy mit estenio all who knew the and who friends ow chincha felt relieved when that lement was aloro congratulation have been to me by partia outride of this alio knew the condition of aal u ra ond the arfenya of the church fr the pay aint of claim aim the obtaining of a receipt in full from the church than for any other transaction connected frith yia settlement of the the estate aca settled at far as ii lias la a subject of wonder to very many that wa should bo lawsuits tm abo very beginning and that the hatate would bo eaten up by fees there were upwards of gifty ther hilj alie affairs of alie complicated tho jwill itself ra anina tia kainber lf all the surrounding the estate witheat a parallel in america or europe notwithstanding the base wp ton maddt re the con wust of the execl lots feel baurely afo in that tue probate record of america nd europe bwy be sought in vain to fini a casa of an estate of ahi mag artud with so many di interi jilji mora care and sees than this estate of arcs alent youngs debt liaa boen guidy every heir hut one has been to alio executors aa ly all who imore orinc ihrer ciha expire appraiser and thi aprobato court aad keeper chaffe and outside agent the executors show a profit on the eulue of the property of alio E tale as inventories inventoried invent oried to them of two hundred and twenty four thousand two and forty two dollars and forty two cents great stress is laid in this decision upon the fact that the executors have fees as allowed by and a great anxiety is that we sheild put llimo acca in alio hands of receivers until it is proved thai we uro entitled io ilicin upon tins point it is proper in justice to my co executors and myself that I should say something hom ething in alie first place it is only bare justice to egiy eliat not one of us would have accepted the position of an executor of this oblate if we had seen how clr acceptance could have been honorably avoided As to myself I had a good idea of tho condition of the cicato and its many complications and aliat a labor it would be to settle with its numerous legatees lega tees no amount of noney could leave induced me to undertake the business but there was the written appointment of president young himself in the will and how could we honorably decline when qualified as an executor it was my design not to ekko any of the fees allowed to me under alie will it was not until I returned from washington hot summer 1878 and in settling up alie estate that took a different view of this question of fees it is not necessary should here state the reasons which led to this change but I then concluded eliat while did not wish myself or my umily to have the least pecuniary benefit from these fees I would take them as they were all bcd add to them some means of my own and cicale a fund horn which a revenue might bo derived to sustain a free school in this city this design communicated to elder jas X stewart wart of draper ville after I left liere tor washing ton last fall describing to him alie kind of school I wished to establish and sling him if not ent oilier engagements to be corn i tho principal of the institution when the question of alio executors came up last tho ese impressed upon the boo kee er and lawyers who hu been aur legal advisers in the business of the estate eliat rather than take one dollar more than they were entitled to they would prefer to have their fees one thousand dollars less upon this they acted in ascertaining the amount of fees A recent examination of alie accounts the commencement of this fruit reveals the to us gratifying fact that instead of drawing alie amount of fees our attorneys decided we were legally entitled to there ii yet due us as fees seven thousand seven hundred and seven tytko dollars and six cents to give color to liis charge eliat we handled our trust recklessly judge boraman makes a statement which I cannot permit to pass unnoticed they llie executors borrowed money from the estate themselves and left notes in of the sunn borrowed and they took money out of the estate without even giving their notes but simply charging alie same to self so far as I myself am conserved conser ned I have only to say that these charges are untrue I neither borrowed money from the estate nor took money out of the estate by simply charging the aade to belf in aliis communication I shall not condescend to indulge in personalities respecting the men who are en gazed in pushing tills case the public know them they also know judge Bo transactions in which the most of them were en during president lifetime and by which ho was made to sull er are of so recent a date as to need no comment at the present time before closing I take the opportunity of saying on of my co executors and myself that wo feel profoundly grateful to our very kind friends who voluntarily came for ard nard n and offered to give any amount of bonda to us from aliat all felt to be the unjust and tyrannical sentence of imprisonment pronounced upon us by alie court but wo are already under bonds as executors and our feeling has been and is that rather than aak or accept from our friends any additional bond we to the sentence of the court and go to prison I remain respectfully Q canroy salt lake co august |