06. Court filings from or about heirs

thereof - until the further order of this court. Dated this 12th day of June A.D. 1879 Philip H. Emerson Judge

Attest my hand and the seal of said Court C.S. Hill, Clerk By H.G. McMillan Deputy Clerk

Territory of Utah County of Salt Lake S.S.

Edmund Ellsworth Plaintiff vs. George Q. Cannon, Brigham Young, and Albert Carrington, executors of the estate of Brigham Young deceased, defendants

Whereas certain matters in controversy having arisen between the said parties hereunto and they having referred the same to the undersigned as sole arbitrator as per agreement made and entered into the Twenty third day of May A.D. One thousand eight hundred and seventy nine and signed by Edmund Ellsworth and Brigham Young and Albert Carrington two of the aforesaid executors, being a majority. said agreement being hereunto attached and made a part thereof.

I having examinded all the accounts and vouchers presented by both parties hereunto and heard the testimony of the witnesses and all the material facts and having carefully considered all matters in relation to said controversy, do find as follows, to wit:

1st That the said Edmund Ellsworth the plaintiff herein discuss the suit now pending

in the Third Judicial District Court of this Territory, as between him as plaintiff and George Q. Cannon, Brigham Young and Albert Carrington executors of the Estate of Brigham Young deceased, defendants at his own expense and cost.

2nd That the said Edmund Ellsworth cancels all accounts and claims of every name and nature which he now holds against the estate of Brigham Young deceased, or against George Q. Cannon, Brigham Young, and Albert Carrington as executors of said Estate.

3rd That George Q. Cannon, Brigham Young and Albert Carrington, executors of the Estate of Brigham Young deceased shall deliver to the said Edmund Ellsworth his two notes for [surrender?], One of which is dated November 3, 1871 for 90,000 full value received viz: $1350.00, the other dated April 10, 1872 for 10,000 full value received viz $150.00, and shall also pay, or cause to be paid, to the said Edmund Ellsworth the sum of Two hundred and sixty-seven dollars and forty-five cents $267.45 which payment when made, shall be in full of all accounts, claims, and demands held by the said Edmund Ellsworth against

Territory of Utah, County of Salt Lake. SS.

I, C. S. Hill Clerk of the Third Judicial District Court of Utah Territory, do hereby certify that the foregoing is a full, true and correct copy of the original award, filed and entered in this Court and the order entered by this Court there on June 10, 1879 in the above entitled action filed in my office.

Witness my hand and the seal of said Court, at Salt Lake City, this 14th day of June A.D. 1879 C. S. Hill Clerk. By H. G. McMillan Deputy Clerk

George Q. Cannon, Brigham Young and Albert Carrington executors of the estate of Brigham Young deceased, and it is hereby declared that where the foregoing arbitration has been fully carried out by both parties hereunto that all bank accounts, claims, charges and demands shall be cancelled by the said Edmund Ellsworth as against the estate of Brigham Young deceased or his executors, and by the executors of the estate of Brigham Young deceased, as against the said Edmund Ellsworth Daniel H. Wells Salt Lake City U.T. June 9, 1879

In pursuance of the foregoing award made by the arbitrator herein and also in accordance with the stipulation of attorneys for the respective parties herein today filed, it is ordered by the Court that judgement be entered herein in favor of said plaintiff and against said defendants in accordance with the terms of said award and for the sum of $267.45/100 together with plaintiffs costs on the arbitration herein [?] and by him taxed at $34.75/100