Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-12-01
THE YOUNG NATTER.
JUDGE Blair Rules That Attorney 4.
Y. Taylor Cannot Appear
AN EXCEPTION rs ENTERED.
Ernest !. Young Must Seek Ills Remedy
Elsewhere.-The Hearing on
Guardians Account.

In the NBws a week ago mention
was made Of tho petition filed In the
probate court some time previously In
reference to the guardianship OF
Ernest l., James T. and Louis q.
ionhg minors, In which tho first
named prayed for an accounting, and
that the guardian, Mrs. N. w. Clay.
toni mother OF the petitioner, and
formerly 5ybella W. Young, might DO
removed from that Office.
When the matter came I'm last Sat.
utday Mrs. Clayton was represented
hy Hon. Il. ). Richards, Attorney A.
" Taylor appeared In behalf OF Ernest
/. Young, the cldest of the minor heir,
Of Ernest Young, deceased, ana Al.
lorney WaIdoll Tor Louis q. YounR,
now an Inmate u private institution
ilr ieeblo'mlnded youths ut Barre,
Mnssaohusetla. Mr.. waddell, on the
appointment VI the probate court, np-
nrars In the Interest OF James Il.
Young.
IL will DO recOllecled that on that
occasion the Hon h. y. Richards OBJ
leotod u the appearances OF Mr.. A. V.
lsy lor as attorney for Earnest L., on
The ground that this latter had now nj.
tniued his majority, settled accounts
Win his mother ana given her re-
ceipt Ia full. Also on the further
ground that the probate court had no
iurisdiCtiOn 10 deal with the matter Of
thnt suttlement 80 far as inquiring into
whether or not such settlement was
procui 4 by fraud, misreprese ntation,
OF cUnoealment. Considerable arRu-
mont was had and eventually ohs
court granted continuance Of the
case till today In order 10 afford Attor.
uoy Taylor an opportunity 10 produce
authorities ~ TO this oo1rps iurlsdic.
ton anu his right or otherwise TO APP
pear.
At 10 o'clock thismorning, in accord.
ance with that arrangement, the case
was called up anu the Argument OF
Mt. Tai Tor anu tho replies OF tho other
counsel Judge Howat being now In.
oluded) occupied the time until ad-
loufnment, al 1918.
Judge Blair, In ruling on the former
objections Of Mr. Richards, said the
defense mere Introduced was new and
novel TO him. There had boon no caso
yet decided, NO FAR A. ho could learn.
Just In point with this one. lie had 10
look Into the statutes Ia order Ia sstisfyl
hims,n ~ 10 th,snk urA~dl s>huss 40
! rcNet 81 n.is cousrf 10 lnpesiis sfs-.isa.
tuAtttt 81 tiic Execution uf the recaipt
said to have been given by
Ernest !. Young TO his mother.
Whether or not there was a false
representation on the part OF the.
| guardian or whether there wns any
undue influence exercised by her over
the ward At The tlme-an these ques.
tiOns would naturally come up at
another time. The whole thing now
resolved Itself into one single PROPOSE.
ton: Had this court the right
anu power ~ investigate that
natter II not, the door was
closed against this court and
Il was leit for another tribunal 10 De.
eide as to the validity OF the receipt
whether II was bar 10 recovery ON the
part Of the giyer, OF whether the guar
dian should account anew for the act.
His Honor was ~ opinion tlGt he aid
not possess that equitable power which
was necessary 10 inquire whether any
Improper influence was eNei.
oised by tue guardian ia
tho case over the wari. rhe question
at issue was an important one, and no
wns glad that II would have 10 be de-
oided by another court.
HIS honor then made an order deny
ing the right Of Ernest /. Y ung TO
figure In tao hearing on the guardians
account, he having attained his major
Ivy aud, according TO his own Rdmls-
sion, given an acqulstance to his
guardian.
Attorney Taylor Ia therefore pre-
vented from further appearance In the
case. He, however, entered an excep-
lion TO Judge Blair'a ruling.
Hon. +. ;. Richards--We have dted
the accounts, aud will put In our papers
aud vouchers. We arc ready - pro-
coed NJ any time.
Judge Blair accordingly set the
hearing for this afternoon anu ut 2
O'Clock 1t again came up.