New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-07-12
BRIGHAM YoUyGS ESTATE ~ COURT.
A SUIT BY THE HEIRs-AT-LAw AGAINST THE FIX
ECUTORS OF THE ESTATE.

A SUIT BY THE HEIRS-AT-LAw AGAINST THE TX
ECUTORS OF THE ESTATE.
When the late head of the Mormon Church
died. two years ago, be LETT estate valued at from
So 500 900 $500 OOO and from the particulars OF a
sun brought in the District Court Of the United States
for the Territory OF Utah, by daughter of Brigham,
given TO TRIBUNE reporter yesterday by gentleman
from salt Lake, II appears that wedeyised attempt
has been made turn the larger share OF It 10 the
Church OF Jesus Christ Of Latter-day Saints. On June
II the suit referred to begun in the name of Emine
A. Young Mcintosh daughter and heir-at-law OF
Brigham Young, for herself and other benetciaries
under his Will, numbering, named in the complaint
some seventy heirs. and such others may have been
omitted against George O. Cannon, Albert Darlington
and Brigham Young jr executors OF the deceased and
John TAYLOR trustee IN trust OF the Church. and others
The complaint alleges mat the executors, oelg aso
grossly neglected and violated their duties, ana that
they have wiluly aud frauduenty wasted. converted
and suffered be wasted and converted about $780,
600 worth Of The property Of the estate Or ms 500
600 alleged TO have been converted to their OWE
use under preenCe Of compensation for their services
expenses and payment OF leEaces. They are charged
with having frau1ulently allowed, In defiance OF law,
a false and fraudulent claim against the estate OF their
tstatOr. made by the TrusteeinIust Taylor for the
Church, amounting to S999,G32 3d. one item Of this
claim beng SG1s s67 Is fUr " in credits In Pres
dent Is. Young's private accuon.. Other tuhlng errors
of $50 900 and 9O74 being included in the aggregate
The approval OF the Probate Court TO this claim IS
alleged been obtained by collision and fraud
between the executors and Taylor. The complaint
states that such Indebtedness ever existed. or If 1t
did exist, il had been barred by the lapse OF time IN
which II should nave Deen presented against Ihe
estate, and also that the Church claimant was not
capable 10y law of holding sucn an estate TINS claim
quiddted ny the executors by the transfer 10 the
Church Corporation OF twenty-five separate pieces OF
property ana personal property to the value OF 9lOO
600, thus diminishing the estate by not less than
81 100000. III Ihs transfer the executors were DOh
granors and grantees. They were also members OF the
aud doctrines OF the Church OF Jesus Christ Of Later
day Saints the Twelve Apostles, which Is the head OF
the Church ana which claims authority to control and
direct the acts and conduct OF the members Of said
Church. Of which the plaintiff aud other Dene1caiies
under Brigham GOuugs VIII were members. As suCG
apostles they claimed that they had the right 10 dis
poe property a religious duty. ana that any
o. the bepehciares legatees or rstw refused TO
submit 10 heir commands or dongS, they had the right
dIslnhert all refusing, and deprive them OF all
share In tie estate After having Wasted the estate, as
claimed, the eX cuOrs announced that the residue was
ready FOR distribution; but demanded, before deliver
ny the sharCs uuder tue VIII lui anu entire releases 10
themselves ell other claims against them and using
bruccares under the VIII 10 make such releases, eN
cept NuDby Howe ClaWsOu, an heir, who refused and
received nothing he complaint alleges that no orders
Tor tue SAFES OI fed es'dlo we're hae ~ 'he TIopte
COui aud that subsequently Taylor made cOnVeydnces
the real estate To third parties device TO avoid
the effect OF the united atSs i9W when prOhles ay
religious corporation from holding more than 100000
OF real estate The income OF the 1uung property con-
Yeyed 20 tHc Chuich Is stated 10 De @lOOoVO per an
NUN, and this is now received by Taylor. Even the
distributions made are stated TO be unfair and I'M
equal IavOritsn being shown Tor some anu lnFuIOus
distinctions against others. The prayer Of the COM
plilht was lor tS aPpolnteH VI IeSct'si an III
junction AGAINST me executors ana Taylor from met
ding with the estate III any way; for an allowance TO
executors ana Taylor be declared translucent ana v0ld
that the he suspended and removed, and that
trustees appointed to settle and distribute the estate
On the day the complaint was HE'D the judge OF the
United states District Court granted the application Tor
receiver, and an injunction issued enjOuiuS The
executors and TAYLOR from any Interference In the
estate Instead Of Que receiver, v. ;. Mccormick,
wealthy banker IN salt Lake City, ana United states
Marshal NJ shaughnessy we're appointed receivers. II
the u. PRAYER OF the complaint Is granted on hear
mg the wives aud children Of the departed prophet VIII
receive twice much as under the distribution by the
executors ana the apostles.