River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1879-07-24
BRIGHAM YoUNG's ESTATE.
A Salt by the HEIRS Lar IgoiHst the Ear
ecutOrs of the Estate.


When the late head of the Mormon church
died, two years ago, he left an estate valued
at from $2,50O,0OO to 100000, and from
he particulars of a suit brought in the dis
trict court eff the United States for the Ter
ritory of Utah, by daughter of Brigham
given to Tribune reporter yesterday by a
gentleman from Salt Lake, it appears that a
well devised attempt has been made to turn
over the larger share of it to the Church OF
Jesus Christ of Latter Day SAINTS. On June
nth the suit referred to was begun in the
name of Emeline A. Young Mcintosh, a
daughter and heir-at-law of Brigham Young,
for herself and other benefciaries under his
will, numbering, as named IN the complaint,
some seventy heirs, and such Others
as may have been omitted, against
George @. Cannon, Albert Caring
ton and Brigham Young, Jr., executors
of the deceased, and John Taylor, trustee in
trust of the church, and others. The com
plant alleges that the executors, being also
assistant trustees of the church corporation,
have grossly neglected and violated their
duties, and that they have willfully and
fraudulently wasted converted, and suffered
to be be wasted and converted, about ST.
100000 worth of the property of the estate.
OF this, 100000 is alleged to have been
converted to their own use, under pretence
of compensation for their services, expenses
and payment of leeacies. They are charged
with having fraudulently allowed, in defiance
of law, false and fraudulent claim against
the estate of their testator, made by the
trustee in trust, Taylor, for the church,
amounting to 1893, 632. 80, one item of this
claim being $685., 867.16 for "errors in cred
it's in President b. Young's private ac
counts, other triflng errors of $4,000 and
80 ,074 being included in the aggregate. The
approval of the probate court of this claim
is alleged to have been obtained by colu-
sion and fraud between the executors and lay
Tor. The complaint states that no such in
debtedness ever existed, or, if it did exist, it
had been barred by the lapse of time in
which it should have been presented against
the estate, and also that the church claimant
was not capable by law of holding such an
estate. This claim was hquidated by the ex-
ecutors by the transfer to the church corpo
ration of twenty five separate pieces of prop
erty and personal property to the value of
100000, thus diminishing the estate by
not less than 81, 100000. In this transfer
the executors were both grantors and
grantees. They were also members of the
Apostles Quorum, known and called in the
discipline and doctrines of the church of
Jesus Christ of Latter Day Saints as the
twelve apostles, which is the head of the
church, and which claims authority to con
troll and direct the acts and conduct of the
members of said church, Of which the plain
Tiff and other beniticiaries under Brigham
Youpg's will were members. As such apos-
ties, they claimed they had the right to dis
pose of the property as religious duty,
and that if any of the benehciaries,
legatees, or heirs-at-law refused to
submit to their commands or doings,
they had the right to disinherit all so refus-
ing, and deprive them of all share il the es-
tate. After having wasted the estate, as
claimed, the executors announced that the
residue was ready for distributions; but de-
manded, before delivering the shares under
the will, full and entire releases to them
selves for all other claims against them; and,
using their spiritual authority, they did com
pei each of the beneficiaries under the will
to make such releases, except Nabby Howe
Clawson, an heir, who refused, and received
nothing. The complaint alleges that the or
ders for the sales of the real estate were
made by the probate court, and that subse-
quently Taylor made conveyances of the
real GStdtb 10 pdEtisSs dS bSNASO w
avoid the effect of the United States law,
which prohibits any religious corporation
from holding more than $4,000 of real es-
tate. The income of the Young property
conveyed to the church is stated to be $780,
600 per annum, and this is now received by
Taylor. Even the distributions as made are
stated to be unfair and I'M
equal, favoritism being shown TO
some and invidious distin ction
against others. The prayer of the com plain
was for The appointment of receiver; an IN
junction against the executors and Taylor
from meddling with the estate IN any way;
for an allowance to carry on the suit; that all
conveyances made by the executors and lay
lor be declared fraudulent and void; that the
executors be suspended and removed, and
that trustees be appointed to settle and dis
tribute the estate. On the day the complaint
was filed the Judge of the United States dis
trict court granted the application for re-
ceiver, and an injunction was issued enJoin-
ing the executors and Tay lor from any inter
ference in the estate. Instead of one recelv-
err, w. S. Mccormick, a wealthy banker IN
Salt Lake City, and United States Marshal
NJ Shaughnessy were appointed receivers.
If the full prayer of the complaint IS granted
on hearing, the wives and children OF the de-
parted prophet will receive twice as much as
under the distribution by the executors and
the apostles.