The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-12-03
IN THE PROBATE COURT.
Hearing in the Young Estate Case
Resumed.
Mrs. Clayton Testifes as to the Receipts
and DisbursemeDts-Decis
in the Dyer Case.

4
hearing in the case of Ernest I. Young
let al, minors. on accounting of the
guardian, Mrs. Sibella Clayton, failed
to witness a conclusion and the case
went over until Friday next. The en-
tire day was consumed with contin-
uation of the examination of Mrs
clayton as to the receipts and disburse-
mentS Of the estate and she was still
on the stand when court adjourned
In the course of her examination
Mrs. Clayton was questioned as to the
petition filed in this court in 1884 for
the sale OF the property, on the ground
that the income was insufficient to sup
port her and her children, the sale and
as to the disposal of the surplus after
the purchase of a cheaper place 1t
was not within her knowledge that
her present husband was the actual
purchaser of the property. Neither
mad she any reason for knowing that
Mr. Clayton furnished the money for
the purchase in the first instance. He,
however, afterwards bought it from
the actual purchaser, a Mr.. Lyman
Her husband paid the money
to her, in the first instance, as Mr..
Lyman'5 agent. She received from
the Brigham Young estate certain
stock coming to her husband-172
shares. Ernest l. had his shares and
witness had the. balance. She had
property of her own now between
$4,000 and $4,000 which Mr. Clayton
gave her.
THE DYER CASE.
Judge Blair rendered his decision in
the Dyer estate case, and ordered the
executors to pay a family allowance
of SIS per month from the date of their
qualification until October 49, the date
OF the widows marriage to Searles
The amount allowed is but half that
asked for by the petition. Judge Hen
derson is the guardian of the children
and must hereafter provide for their
welfare
In rendering. his decision Judge Blair
went into and reviewed the case since
its first appearance in, the probate
court and caused no little amusement
by his reference to the marriage re-
lations of the parties interested. Even
Ogden Hiles, attorney for Mrs. Searles,
received an occasional dig. The court
went briefly into the provisions of the
late Mr.. Dyer's will. The deceased he
said, bequeathed to his widow $4,000
in cash. He also gave her the home
stead in which she now resided. and
all the appurtenances thereto belong
ing, in addition to a piece of property
was valued at SIS, 600, according to the |
evidence, and the latter at $35, 900 or
$4,000 Mr.. Dyer obligated the execu-
tors to remove the mortgages off both |
pieces Of property, so that the widow
could have them entirely clear; and |
Mrs. Dyer herself admitted upon the |
witness stand that she had had an |
advance from the executors of about |
81, 600, and that she received as rentals |
after paying for necessary repairs and |
insurance on this property the sum of |
$500 per month. So far as the widow |
was concerned that would seem to be |
an ample amount for her support, with |
out any allowance from the |
general assets of the estate |
But the most important point had yet |
to be named. By the terms of the will. |
Judge Henderson was the guardian, |
not only of the persons, but of the es-
tate of the three infant children. The |
mother had no control over them
without the GUARDIANS permission |
Mrs. Dyer had already, it seemed, in |
Stituted suit to recover 81, 900 against |
the estate; one of the executors had |
testified that she threatened another |
suit for 100000 more, and that if she |
were successful in these the estate I
would probably become insoIvent If. |
however, she failed, there would then
be left several thousand dollars for the
children; for the will provided that af- |
ter the payment of all his debts and |
certain legacies, the remainder should
go to them. So it really depended upon
the result of those suits whether the /
children would ever get a dollar or not
Mrs. Dyer had testified that she had |
had the children under her care, pro-
vided for, clothed and schooled them I
ever since her husbands death, and 4
that there is now, and has been owing Il
for some time, a DOCTORS bill of $500, 4
which she had no means of paying. Il
While Of the opinion that the widow 4
lid not need anything more in, the way L
Of support. he thought she should be Il
allowed a. reasonable amount for the Il
and fixed that amount at SIS II
per month
In the matter of the estate of Edward
Balm, deceased, Friday, Dec. 8, was set
Is the date for hearing on the petition h
,or cessation of family allowance
Hearings in the matter of the estate II
II H. Rockwell, deceased, was con-
.inued until Dec Z; in the matter of Il
he estate of Andrew P. Lofgren, de-
ceased, until Dec. Z, and in the matter II
If the estate of Mercy r. Thompson,
until Wednesday, Dec. 6.