06. Court filings from or about heirs

In 3rd Dist Court Utah Edmund Ellsworth vs Geo. Q. Cannon et al Etc Award Filed June 10, 1879 C.S. Hill Clerk By H.G. McMillan Deputy Clerk Filed June 14, 1879 D. Bockholt Clerk By W.S. Crismon Dep This is for transcript C.S. Hill Clk

In the District Court, Third Judicial District, Territory of Utah, County of Salt Lake.

Emeline A. Young, Plaintiff vs. George Q. Cannon, Albert Carrington and Brigham Young, as Executors of the Last Will of Brigham Young deceased, and John Taylor, John Sharp, Edward Hunter, Horace S. Eldredge, George Goddard, Leonard W. Hardy, Theodore McKean, Joseph C. Kingsbury and Angus M. Cannon. Defendants.

The defendants George Q. Cannon Albert Carrington and Brigham Young Executors of the last will of Brigham Young deceased, separately answering the plaintiff's complaint herein, deny that the said Brigham Young deceased left an Estate of the value of two and one half millions of dollars or that the estate, inclusive of certain property held by him in trust and not properly a part thereof, exceeded in value the sum of $1,626,510.08/100.

They deny that, as such Executors or

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otherwise, in the administration of said Estate or in any matters connected therewith, either in the particulars alleged in the complaint, or in any way, they have grossly or at all neglected nor violated their duties or any duty, or have not faithfully administered said estate, or have willfully or fraudulently or in any way wasted, converted, or suffered to be wasted or converted a large or any portion of said Estate or the property thereof. They deny that they, or either of them, unlawfully or otherwise have taken, converted or appropriated a large or any amount of the property or funds of said Estate to their own use, or to the use of either of them, under any pretence or in any manner whatever, or that they have in anyway licensed any thing from said estate except the percentage of the principal and rents and income of the property of said Estate allowed them by the said will for their services as executors and trustees thereunder, the said percentage not exceeding in amount $50,677.37/100 and property valued at $18,000.00 duly allotted to the said Brigham Young as legatee under said will.

They deny that, in defiance of the statute or their duty in such cases, they have

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pretended to allow, or fraudulently allowed the claim against said Estate in favor of John Taylor Trustee in Trust, for $999,632.90/100 mentioned in the complaint, or any claim, without knowing the pretended and alleged fraud or illegality of said claim, or intending to defraud or cheat said Estate or any beneficiary under said will, they, by collusion with the said John Taylor or with any person or party, or by fraud, in form or in any manner allowed said claim, or caused the same to be filed in the Probate Court, or procured the approval or endorsement thereof by the Judge of said Court. They deny that in payment of said claim, they conveyed to the said John Taylor the parcels of real estate described in the complaint and therein alleged to have been so conveyed or that they conveyed, in payment thereof, any real estate except as hereinafter mentioned. They deny that any conveyance by them to said John Taylor was made by collusion with him, or to defraud said Estate or the beneficiaries under said will; or that the values of personal Estate and assets transferred or set over to said John Taylor in payment of said claim were of the

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value of $400,000.00 or the value of more than $160,000.00, and they deny thay any property was transferred or set over to said John Taylor in pretence of payment of said claim, or that the estate of said testator was thereby fradulently diminished or the plaintiff or other alleged co-beneficiaries defrauded of any property or in any sum or value.

And these defendants further answering allege that the said Brigham Young deceased, for as many years prior to his death, was the President and Trustee-in-Trust of The Church of Jesus Christ of Latter-day Saints, and as such had at various times taken the titles to various parcels of the real estate described in the complaint and therein alleged to have been conveyed to said John Taylor in payment of the aforesaid claim, but the titles to such properties were specifically held in trust by the testator in his life time, and the properties had been possessed, improved, and used by said Church, and were notoriously the property thereof, and did not come to the possession of these defendants as assets of the estate of the testator, and these defendants solely, as a matter of justice