Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-12-03
SETTLED AT LAST.
The Decision in the Blaxzard
:: Will Case.
JUDGE xANE's OPINION.


II Contains Many Points Of Con.
siderable Importance.
In the Third District Court yes.
terjay Judge Zane delivered his
opinion in the well-snown Blazzard
will case, which has occupied the
Courts almost constant attention
for the past month. His honor said:
John Blszzard ct al, plaintiffs, VI.
Lucy ID. Watts ct al, defendant:
In this case the plaintiffs ask that
the court decree that the title to the
real estate described in the COM
plant IL in the plaintiffs, and that
II crfer the defendants. or the per-
son having the legal title, to exc
cute deeds to the plaintiffs. There
are four other cases that were suit
mitted at the same time that this
one was, which involve substan-
tally the same questions. They all
embrace two tracts Of land, one In
the Fourteenth Ward and the other
IN the Seventh Ward, in this city.
1t appears from the evidence that
the late John II. Biazzard died on
the 18th day Of January, 1871, and
that he LEFT surviving him Sarah
Blazzard whom l find under the
evidence was his lawful wifel, and
his children. the plaintiffs by her;
that he also left plural wife by the
name Of Lydia Blazzard, and his
children by her, who are made de
PENDANTS, and another plural wife
by the name Of Mary Ison Blizzard.
He was, at the time Of his death
and for years before, In possession
OF the two pieces of land mentor ell
and described in the complaint, on
which he had made improvements.
On the Seventh Wand tract Lydia
was living at that time with her
children, the defendants named.
He had lived with her for n num-
Der OF years, and until within q few
years before his death, after which
he resided with May Ison Blazzard,
who wss living ON the tract cit
uated in the Fourteenth Ward. III.
had to this land the possessory right,
with the right to occupy it andenjoy
II, and to obtain a deed from th,
mayor by complying with the pro-
visions and enactment Of the terri
torial legislature with respect to
townsite property. He also LEFT
Will, in which he expressly devised
70 Lydia Blazzard a life estate in
the Seventh Ward property, for the
benefit Of herself and her children
until they should reach their major
lty, and he devised 10 Mary Isou
BlazZlrd life estste in the Four
teenth Ward property with the right
10 live upon 1t ami TO rent such por
tons Of 1t as She did not occupy, the
proceeds to he appropriated 10 her
own use, for her support and main
tenance, and to aid in the supper
and maintenanceo Lydia BlazzarC
and her children, as TIER pecessi-
ties might require.
The question arises first, had the
testator devisable interest in Thu
property? The right to the posses
sion and enjoyment of the property.
and to obtain a deed by complying
with the law, was n valuable one.
Ii was right that he had against
all the world, except the Uniteu
States, and am Of the opinion thai
it was a devisable interest. The
continuance of the right and the
interest Of this estate depend, it !.
true, upon the action Of the persons
to whom he willed it and left IN
possession Of it. 1t was dependent
upon possession.
A question is also made as to the
will, that 1t was not properly prop
ated and proven. / am Of the epin-
ion that at this late day, ut least.
the will should be regarded as prop
erly probated and proven in this
case, by the evidence offered.
The question then arises upon its
construction. As has been stated.
the life estates were gwen up by the
VIII, and the uses mentioned. By
the sixth clause the deceased On.
posed Of the remainder In thes.
words: "All my estate, real and
personal, after the same shall ceas.
to be occupied and used for the sup
port and maintenance Of my wives.
and the support, maintenance anu
education Of my said children dur
Ing their minority, as herein pro
vided, L will and bequeath n my
said children, who may then b,
alive, and TO the heirs Of those who
may be dead, and to their heirs and
assigns, taking by right Of repre-
share and share alike;
provided always, that il any Of my
said heirs shall not be members Of
the Church Of Jesus Christ of
Saints in good standing
NJ the time the distribution shall b,
made, tie share that should be com.
ing to them shall 60 TO the trustee
In-trust for said Church for'the us,
of said Church, and no part OF |
parcel shall be distributed TO such |
THESE two conditions, when TAX
IN together, are conditions prece-
lent TO the vesting Of the remainder
IN the devisees mentioned, and n
he conditions are void, then tn.
aw would be that 1t would not vest
q them; but il, on the contrary.
hey constitute together a condition
then the remainder
would vest, and it would not be iii.
tested by void condition. Sc that
{ Is important to determine whether
he conditions mentioned are prece
lent or subsequent; in other words.
whether the remainder of thes.
leirs is contigent remainder or a
'ested one. The provision is thai
liter the life estate shall cease. he
wills and bequeaths TO his children
rho may then be living this re
nainder. The time referred a.
here Is the termination of the liz.
state. There Is a difference OF
pinion as to whether this time re-
Frs 70 the time that the will took
feet, or to the time OF the termipa
ION OF the life estate. Some court,
ave held that, in view of this con- ,
ition, the remainder vests, subjeci
be determined upon the death of
ny one Of the devisees named be.
re the termination of the III.
state. That Is based upon
le fact that the courts favor the
esting Of estates at once, without {
them unless it Is necessary .
do 50. But this Is coupled with \
mother provision: Crowded al
ays, that IL any Of my said heirs
Hall not be members ofthe Church
Jesus Christ OF Latter-day Saints
good standing At the time the dis
ibution shall be made, the shar, ,
lat should be coming 10 them shall s
to the trus.ee-in.trust," etc. i
here the testator indicates an uu-
and intention on his
1T that before the interest shout. o
rst In the devisee in the language z
the will, ''that the share thai o
Iould be coming to them shall 20