The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-12-03
A CELEBRATED CASE
Judge Zane's Decision in the
Blazzard Will Case.
A VERY INTERESTING OPINION.
Some Very Important Questions Decided
The Judge Expounds His Views on
the Subject of Polygamy.

The celebrated case of John Blazzard ct
al. VS.. Lucy d. Watts ct al, better known
as the Blazzard will case, was finally de-
cided by Judge Zane yesterday morning.
The opinion was one of the most important
ever rendered here, some of the most in
tricate questions known to the law of real
estate were involved, and perusal of the
opinion, which Is published in full, will be
profitable and interesting:
John Blazzard ct al, plaintiffs, vs. Lucy D.
Watts ct al, defendants.
Opinion.-Zane, j.
In this case the plaintiffs ask that the
court decree that the title to the real estate
described in the complaint is in the plain
tiffs, and that it order the defendants, or
the person having the legal title, to execute
deeds to the plaintiffs. There are four
other cases that were submitted at the
same time that this one was, which involve
substantially 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. Blazzard died on the 18th day of
| January, 1871, and that he left surviving
him Sarah Blazzard (whom l find under
|
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 defendants, and another plural wife
by the name of Mary Ison Blazzard. He
was at the time OF his death and for years
before, in possession of the two pieces
OF land mentioned and described
in the complaint, on which he
had made improvements. On the
the Seventh ward tract Lydia was living at
that time with her children, the defendants
named. He had lived with her for num-
Der of years, and until within few years
before his death, after which he resided
with Mary 1son Blazzard, who was living
on the tract situated in the Fourteenth
ward. He had to this land the possessory
right, with the right to occupy 1t and enjoy
it, and to obtain deed from the mayor by
complying with the provisions of the enact
ment of the territorial legislature with
respect to townsite property. He also left
a will, in which he expressly devised to
Lydia Blazzard life estate in the Seventh
ward property, for the benefit of herself
and her children until they should reach
their majority, and he devised to Mary 1son
Blazzard a life estate in the Fourteenth
ward property with the right to live upon
it ant to rent such portions of it as she did
not occupy, the proceeds to be appropriated
to her own use, for her support and main
| tenance, and to aid in the support and
maintenance of Lydia Blazzard and her
children, as their necessities might require,
; The question ARISES first, had the tes-
t tator devisable interest in this property
} The right to the possession and enjoyment
of the property, and to obtain deed by
complying with the law, was valuable
one 1t was right that he had against all
the world except the United States, and
I l am of the opinion that it was idevisable
oof ~ vl,%.,
the interest in this estate depend, 1t Is true
upon the action of the persons to whom he
willed it and left in possession Of it. i
: was dependent upon possession.
A question is also made as to the will
that it was not properly probated ant
proven. l am of the opinion that at thi!
late day at least, the will should bt
regarded as properly probated and proven
= in this case, by the evidence offered.
= The question then arises upon its con
l struction. AS has been stated, the life es
: tates were given up by the will and tn,
uses mentioned. BY the sixth clause thu
deceased disposed Of the remainder il
, these words: "All my estate, real and per
: sonal, after the same shall cease to be occu
q pied and used for the support and mainte
!. nance of my wives, and the support, main
= nance and education of my said childre
: during their minority, as herein provided
: l will and beQueath to my said childre
L who may then be alive, and to the heirs o
. those who may be dead, and to their heir
and assigns, taking by right of representa-
ton, share and share alike; provided al
! ways, that if any of my said heirs sha
"a not be members of the Church of Jesu
- Christ of Latter day Saints in good stand
~ ing at the time the distribution shall
made, the share that should be coming t
them shall go to the trustee in-trust fo
N said church for the use of said church, an
a. no part or parcel shall be distributed
10 such non member"
\ These two conditions, when taken Il
n gether, are conditions precedent to tn
,e vesting of the remainder in the devisee
q mentioned, and if the conditions are voit
then the law would be that it would nc
D. vest in them; but if, on the contrary, the
" constitute together condition subsequen
te then the remainder would vest, and
would not be Invested by a void condition
" So that tits important to determine whethe
: the conditions mentioned are precedent {
r. subsequent; in other words, whether I'll
le remainder to these heirs is a contingel
remainder or vested one. The provisic
+ is that after the life estate shall cease, /
10 wills and bequeaths to his children wi
o may then be living this remainder. II
O. time referred to there is the termination
Mt the life estate. There is difference
off opinion as to whether this time refers
I'd the time that the will took effect, or to Il
No time Of the termination of the life estat
Some courts have held that, in view of th
condition, the remainder vests, subject
be terminated upon the death Of any one
ne the devisees named before the terminate
an of the life estate. That is based up,
e. the fact that the courts favor t
n. vesting of estates at once, witho
of deferring them unless it is necessary to
So But this is coupled with another pr
ey vision: provided always, that if any
a my said heirs shall not be members of Il
I'D church of Jesus Christ of Latter d
lie Saints in good standing at the time t
be distribution shall be made, the share tn
as should be coming to them shall go to t
pit Trustee-in- trust" etc. There the testat
~ indicates an understanding and intenti
on his part that before the interest shou
a vest in the devisee, in the language of t
ny will, that the share that should be comi
to them shall go to the Trustee-in- trust
III He did not understand that the share w
at to 90 to them before this distribution til
to he speaks of. Its said that that should
construed to mean that the right to
he actual possession and use should not go
he them until then; that it did not mean
he say that the remainder should not vest
nd once; but the language is that if they sh
ng not be members of the church of Jes
to Christ of Latter-day Saints in good stan
lat ing at the time the distribution shall
made, then the share that should come
~ them shall go to the church.
ne The general rule is that where the eve
in which the remainder is to vest is @
that must certainly happen, that the ii
oil, vests at once; but if it is an uncertain Oh
if it is contingent, then the remainder de
to not vest until the contingency happier
What a child's religion will be when
10 comes to form his religious beliefs, if
ap ever forms any, is matter of coniectu
There lS great, uncertainty ahOuE
great many follow the religion of tn
fathers, others do not, and some do I
de: have any religion at all, in an orthod
90 sense some have natural religion, as til