Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-03-14
THE LEGISLATURE.
COUNCIL.
March Is.


March IS, . D. m.
A message from the His Excel
lency the Governor announced his
disapprOval Of &. T. %, authorizing
the estates Of decedents to be mort
gagged or leased in certain cases. The
veto is as follows,
Hon. I. S. richards, President of The
Cotincil.
Sir return herewith c. F No
., entitled San act authorizing The
estates Of decedents, minors. insane
OF incompetent persons to be mort
gagged or Leased in certain cases.,
| confess that | have not heen
able to see my way clear in regari
TO this act. On the one eide II is
urged that there may be spe.iaI
cases in which the AUTHORITY 20
mortgage and lease the estates m
deeedents, minors and insane ner-
sons could be beneficially used. on
the other side it is urged that the
administration OF estates under tbe
direction Of the probate court IL at |
oest eHpenslve;. that The court is 1
authorized anu in practice invari. |
any does make monthly provision
Tor the family Of the deceased (wifs |
and minor children), the payment |
OF which takes precedence III the
claims OF creditors. This provision
Is measured by the needs of tba
family rather than by the quantJm
OF the estate; that the act before me
may tend to prolOng the settlement
OF estates, and if the period Of nj.
ministration is long, small estate
not originally insolvent will hscn,,,s
so almost invariably ard both heirs
ana creditcrt be deprived of what the
law intended them to take ky the
very machinery for effectuating
their rights; that the administ-atoY ,
or executor has already the power ,
% lease the real estate Of the dece-
dent 80 long as the administration
where the rents of sucb
rear estate are needed for the nave I
ment OF debts or expenses conten1- !
plated by the new act; that the same
yo"er OF leasing exists in the guar Z
llan OF minor, /. e., leases which :
MI determine on the minor srriv. I s
ng at majority.
II the act contemplates the max
ng Of leases which will bind The :
7state after the administration Is .
'losed or alter the minor attains his y
majority, and is entitled to the man q
cement Of his own nropertv as !, =
Gems to do, | am decidedIv az Ibo
pinlon that it is against the we'll n
Fitted policy Of the law, If it sim.
" contemplates the leasing during nj
ne administration or guardiansbI5 =,
am afraid it Is an expensIvs. M
leIhod OF doing what can be cbeon- Al
zone under existing laws.
III IL Is not too late and I, :. -,
9eihed necessary TO take some nc a,
1n, l suggest, if n MORTGAGE !. a.
lthorlZed, 1t should he limited 10
{ purpose of paying debts tho -,
ymeDt OF which may be enforc.S -,
lore administration Is close, 80 ~
AZ q provision be inserted that a M
should not delay CLOSING ns
! administration; and that m. "
'tloutlon Of the estate could hs -,
.ue subject to the mortgage. VIII ~
pea 70 the power 10 lease. author Ia,
eould De given TO make a lease
~ ior one year, without the ex- n,
ne OF the proceedings contem- Al
am very respectfully, 81 81
ARTHUR l.. THOMAS, Z
Governor. tbs
~, message from His ExcelIencv the
governor announced his annror-
u The following bills: G. + Sc tax
Jung 70 summary PROCEEDINGS. n der
l, relating TO the duties of cennt
'rders; C. F: 20, relating 10 eam.s
1irds, and G. +. 81, rslatin@ 1e
deeds of Incorporation 70 L
communication was read f-o,. ON ,
aualtor OF public acts sbon,;nn con,
nnanaal condition OF Piuta .nS 9ov,
Iah counties. COMMITTEES ~ en- ~
S and means. on III