06. Court filings from or about heirs

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That a large portion of said property so conveyed and transfered as foresaid in settlement of said claim was in reality held by said testator in trust for the use and benefit of said Church as herein before alleged and shown

And these defendants on their information

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and belief allege, that the value of the real and personal property conveyed and transferred as last aforesaid, was not more than the sum of $300,000.00 and allege that all the acts of these defendants in allowing and settling the claims of said Church were done in good faith, and in the belief that said Church had good, valid, and just claims against said estate and that they were under legal obligations to pay the same and that the settlement was a beneficial one for said estate and the heirs thereof.

And these defendants deny that the property so conveyed and transferred in satisfaction of said claims was or is the most valuable or productive property of said estate, or that with proper attention and judicious management it yield or would yield an income of $100,000.00 per annum but on the contary they allege said property was of less than average productiveness of said estate and the income thereof, with good care and management not more than $18,000.00 per annum. And these defendants deny that, at the time said conveyances were made, they were trustees, or assistance trustees of said Church, or both grantors and grantees in fact in

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said transcation.

And as to the validity and legality of all their aforesaid transactions in regard to said claims, and whether the alleged indebtedness in favor of said Church existed, or was illegal, or void, or barred by the satute of limitations or the claimant not capable of having or owning such property or assets, or whether acts by these defendants in the recognition of said claims were as are prohibited or void or the estate of the testator thereby improperly diminished, these defendants having acted therein in good faith, and having no knowledge or belief that their said acts are not lawful and valid, submit the interests of the estate in respect thereto to the judgement of the Court, upon the facts therein stated, the will of said testator, and such facts as may appear at the hearing.

And thesedefendants deny that as members of the Apostles Quorum, they claimed authority to control or direct the acts or conduct of the members of the said Church in all things, or that as such they fraudulently or in any wise pretended or claimed they had the right or authority

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to disinherit, or deprive of a share in the estate any heir, legatee, or beneficiary who should refuse to submit to their commands, or doings, or to dispose of any of the property of said estate, or that the defendants by reason of the alleged spiritual claim of authority, or in any way have wasted or converted any property of said estate, or that they have illegally or without authority demanded or exacted as a condition of the delivery to the beneficiaries the shares alloted to them, any release or releases whatever; or that the defendants have compelled each or any of said beneficiaries to make or deliver releases or that they in the manner alleged or otherwise attempted fraudulently, corruptly or at all to deprive the persons, or any person entitled, of the power to assert their just or any rights to any interest in said estate or that any release demanded or received by these defendants from any beneficiary under the said will was void or procured by the means or with the intent alleged in said complaint deny that no report of the sale or transfer thereof has ever been made or filed in said Probate Court or that guardians

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were not appointed for the minor heirs as by law required, But on the contarary allege that all the doings and proceedings of said defendants were duly presented to the said Probate Court, and guardians appointed for the minor heirs as by law required.

Deny that the distribution made by said executors was unfair, unequal, fraudulent or not in accordance with the will of the deceased, and the law in any respect whatever, or that $100,000.00 or any amount whatever was used to pay the personal or private debts of John Willard Young.

Deny that in the distribution of the real estate the division was wholly or at all arbitary or unequal, or largely or at all controlled by favoritism to some or any of the beneficiaries or that invidious or any distinctions were made against any.

Deny that said plaintiff has not received more than one half part in value of the estate which has been distributed to which on a fair distribution she would have been entitled. But on the contrary allege that she did receive her full, fair, and equal share of all the property distributed