02. Order appointing Special Administrators

Territory of Utah County of Salt Lake

In the Probate Court for said County

In the matter of the Estate of President Brigham Young, decd

Testimony of Subscribing Witnesses

David McKenzie and James Jack, of lawful age and competent Witnesses, being each duly sworn, in open court, testify as follows:

We reside in the City and County of Salt Lake. We knew Brigham Young on the 14th day of November A.D. 1873 the date of the instrument now shown to me, marked as filed in the court on the 4th day of September A.D. 1877, purporting to be the last will and testament of said Brigham Young and First Codicil thereto. We also knew, at said date of said instrument, Joseph F. Smith, the other of said subscribing witnesses

The said instrument was signed and sealed by the said Brigham Young; at his office in the City and County of Salt Lake on the said 14th day of November A.D. 1873, the day it bears date, in our presence and in the presence of said Joseph F. Smith, and the said Brigham Young thereupon published the said instrument as and declared the same to be his last will and testament and First codicil thereto and requested us in attestation thereof to sign the same as witnesses. The said We then and there in the presence of the said Brigham Young

and in the presence of each other, subscribed our names as witnesses to the said instrument At the time of executing the said instrument the said Brigham Young was of the age of about seventy-two years, and was of sound and disposing mind, and not under any restraint, under influence, or fraudulent misrepresentation

Subscribed and sworn to, in open court, before me, this 15th day of September A.D. 1877 E. Smith Probate Judge for Salt Lake County UT.

D. McKenzie James Jack

Estate of Prest. B. Young

Testimonys of Subscribing Witnesses

Filed Sept 15th 1877 D Bockholt Clerk

record Book H page 7

8

Territory of Utah County of Salt Lake

In the Probate Court for said County

In the matter of the Estate of President, Brigham Young, decd.

Order Admitting will to probate etc.

The petition of George Q. Cannon, Brigham Young and Albert Carrington, heretofore filed, praying for the admission to probate of certain document, filed therewith, in this court, purporting to be the last will and testament of Brigham Young, deceased, and codicils thereto, and that Letters Testamentary thereon be issued to said petitioners came on finally to be heard this 19th day of September A.D. 1877 and due proof being made that notice had been given according to law, of the time appointed for proving said documents and hearing said petition according to the former order of this court and after examining said petitioners, and James Jack and David McKenzie, subscribing witnesses To said will and first codicil thereto, and W.A. Rossiter, one of the subscribing witnesses to the second codicil to said will, whose testimony has been reduced to writing and filed in this court, from which it appears that the said documents are the last will and "testament of the said deceased, and codicils" thereto; that the were executed in all respects and particulars as required by law and

that the said testator at the time of the execution of each of said documents, was of sound mind, and not under any restraint, undue influence or fraudulent misrepresentation.

That the said testator died on the 29th day of August A.D. 1877, being a resident of the City and County of Salt Lake, Territory of Utah, leaving both real and personal estate, the personal estate being of the value of about One hundred & twenty six Thousand Dollars and the Annual rents, issues and profits of said real estate being of the value of Twenty Four Thousand Dollars or thereabouts

And Wm A Rossiter Esq the Attorney duly appointed by this court to represent the minor heirs who are interested in the estate of said deceased, being present and consenting and no objections being made or filed, and said applications being competent to serve as Executors

It is ordered: That the said documents heretofore filed, purporting to be the last will and testament of said Brigham Young, deceased, and Codicils thereto, be admitted to probate as the last will and testament and codicils thereto, of said deceased; that said George Q. Cannon, Brigham Young and Albert Carrington, be and they are hereby appointed, Executors, and that letters testamentary issue to said petitioners, upon giving the bond required by law for the faithful execution of the duties of the trust as such Executors, in the sum of three hundred thousand dollars, with sufficient