06. Court filings from or about heirs

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Deny that these defendants are not pecuniarily responsible to answer any and all claims which may be established against them by this plaintiff, and all those whom she actually represents in said suit.

Deny that without some action of like kind with this of plaintiff's said Estate will be defrauded or the heirs or legatees lose their just or any rights.

Further anwering these defendants say, That as required by said will and at the request of all the mothers mentioned in the will and of the legatees thereunder that were at the time of age, a valuation was made by these defendants and three competent persons appointed for that purpose by the said mothers, of all the real and personal Estate of the said testator, and a final division and allotment of the share of the real and personal Estate made and a proper and equal share of the same was set off to each of the children of such of the mothers as were then deceased. That the mother of said plaintiff was then deceased and the said plaintiff of lawful age. That such equal share of each of the children of such deceased mother including the plaintiff valued at $21.000.00 was so set

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off and allotted and the possession of their respective portions delivered to and received by them, with full knowledge of all the acts and doings of these defendants in the administration of said estate, whereupon and in consideration thereof, each of said children including the plaintiff voluntarily gave and these defendants took and received release and acquittances under seal of all claims and demands and of all right and title in or to the estate and the remaining or undivided part thereof. That at the same time and upon like appraisal, division, and allotment, the children whose mothers were still living at their own request, received from these defendants as such executors an advancement of property valued at $18,000.00 each and gave a release and receipt therefore and of all interest in said estate reserving however their several interest in the reversion of that portion of said estate returned by defendants to support the mothers and widows mentioned in said will during life or widowhood and property retained to pay debts and liabilities and the value of such reversionary interest was estimated and appraised at the difference between $18,000 and $21,000.

17.

and the releases aforesaid are the same mentioned in the complaint and therein alleged to have been unlawfully exacted

Wherefore these defendants ask to be dismissed thence with their costs in this behalf expended Bennett and Harkness and Sheeks and Rawlins, Attys for defts. Geo. Q. Cannon, Brigham Young and Albert Carrington

Territory of Utah County of Salt Lake S.S.

Brigham Young and Albert Carrington of the above named defendants being first duly sworn each on his oath saith that he has heard the foregoing answer read and knows the contents thereof and that the same is true excepting the matters therein states on information and belief and that as to such matters he believes it to be true Brigham Young Albert Carrington

Subscribed and sworn to before me this 30th day of June A.D. 1879.

James Jack Notary Public for Salt Lake County, Utah.

Emeline A. Young vs Geo. Q. Cannon et al

Copy

Separate answer of defts. Cannon Young and Carrington Rec. June 20/79

Bennett and Harkness and Sheeks and Rawlins Attys. for Cannon Young and Carrington

Release.

Whereas, George Q. Cannon, Brigham Young, and Albert Carrington, the Executors of the last will of Brigham Young, deceased, at the request of all the surviving mothers and children of the age of twenty-one years mentioned in said will have consented to make a final division and distribution of the estate of the said deceased.

And whereas, a final division and allotment of all the residue of the property real and personal belonging to the said estate has been made pursuant to and in accordance with the provisions of said will by which division and allotment the property hereinafter described has been alloted to us the undersigned, as and for our full share of the estate of Brigham Young, deceased.

Now therefore, in consideration of the premises and of the conveyance, assignment and delivery to us by the said George Q. Cannon, Brigham Young and Albert Carrington, the executers and trustees, as aforesaid, of the following described property, to wit

All of Lot (3) Three in Block (7) Seven Plot A Beaver City Survey situate and being in 21 T. 29 S. R. 7 West. All of Lot (5) Five Block (30) Thirty Plot "A" St. George City Survey with the Buildings thereon containing (128) one hundred and twenty eight square rods to be the same more or less, all of Lots (2) Two and (5) in Block (7) Seven Plot " " Leeds City Survey containing (2 1/2) Two and one half acres more or less.

The undivided half of the following described property to wit Northeast quarter of Section (8)