Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-03-05
The heirs Of John b. Blylh, Deceased,
Are Petitioners.
HEARING SET FOR MARCH 10.
70 is A,ksd that tho Probate ~ VIII
May b. Now Revoked aud
Set Aside.

comes up on the application nf John
NJ. Cannon au ZiHc ami ZiHc, a,tor.
urys, who have filed the pr,tilul on
honali Of Charles Blyih, oar OF the
minor holn OF ths dtceaso hy biz
General guardian, Margaret Mckay
BIyth.
The petition IL addressed to Judge
Blairand represents that the petitioner
cot the ngc Of seventeen yolu, that
on the goth o; May, 1922, an iuslru.
mout In writing purpoHing 10 DO the
last will and testament OF the
deceased was admitted 10 probate,
but II IL c5nteudei that tho viii ought
not 10 have been admitted for tho
reason that al the time of executing Il
the deceased was $50 cnittblui by
] disease and 20 confined 10 mini,uwlnV
10 his situation aud the clrcumt,aucgs
| surrounding him that he was not OF
/ 'uch sound ami IlhpJslng miud ~ TO
/ bc ablb 10 execute unlUTftluulugly the
/ Instrument Oi tue complicated chnr.
/ nclef Get forth as said last Will nnd
| tes,amUnt,nni therefore your petitioner
| nVurs that Hald instrument was not ca
/ ecultu a. n time when said deceased
| was Of sound anu dispanug mind.n
! That all the next ~ kin aui hii hUifs
Of the decreased join Ia this petition.
Hence Il ~ prayed tIgt th0 probate
10 revoked aud yet aside.
TERMS or IHE WILL.
Among the provisions o., tue will are
| ihH following.
Out .ilhu incJme Of my property u
! gay 10 my second wife, Margaret Nc.
Kay Blyln, tho mother Ui thruu OF my
children hereinafter named, the
tum OF $40 oaun ADD every month |
darling nor life, ana also |
permit her, tue said Margaret Mckay |
Blyth, to reside ia anu occupy tue !
house anu premises nov occupied by /
her bViug part Of lot ., bio rs ~. Plat |
A, Salt Lake Clty survey, i0f anu |
during her natural life, ~ nuf home, |
rent free.
hereby authorize aud direct the
executors anu trustees 10 convey 10 my |
adopted son, Daniel l.. Biyth, Mo |
interest and estate ia part Of lots aud |
D, block /, Five acre plat u, Blk Field !
survey, bcing about eight acres "
land, situate Ia Salt Lake county, Utah
Territory, with the remainder ~ fec
simple 10 his children. This piece Ui
lanl last aforesaid is 10 constitute anu
be the whole Interest " said Daniel T..
Blylhi Ia any VI my property Or trust
estate.
out OF tho income aud pfonA
OF my property hereby author.
izu tue sail executors ~ use the sum
Of 500 per month for and during the
poriUu Of time that this trust shall con-
TAU. which tall sum thall be used aud
disposed Of by them az follOws,tO vii:
$40 per month Of said amount ~ DO
given each month 10 the President VI
the Salt Lake Temple h ait
Ia paying the necessary tXpOuHes IA
aud about said promises, the balance OF
tHil sum u 500 por month q VII.
$40 per month, shall be- used aud appfu.
ptiatud by the SAID executors aud tfua.
tees IN paying the necessary expense,
Of obtaining the geneAloglcs of my
family and the families Of my two
wives, Margaret Mitchell Blyth and
Margaret Mckay Blyth, ami " do ths
necessary WORK IN tue Temple for any
OF our dead kindred. Said oxecutoFs !
and trustees may, In their discretion, r
employ an experienced person TO ob. ,
tain these genualOgies anu 10 per. ofn
the necessary work for our dead hnees.
try In said Temple, as shall DO neoef-
naty aud proper, In harmony with
tho dOctr ne, belief nud religi.
GUS ten6is OF tho Church of {
raus Christ OF LatteTday Saints:
provided, however, that Ia case ali Of
this iund OF $50 per month shall not DO
used In doing SUCH work aforesaid. or II
tho time shall come when all OF our
dead friends aud dead Kindred shalI .
have had done for them all Necessary 3
anu proper work In SAID Temple as. 1
cIrding 10 said religious belief then
said 500 per month shall therefore be
paid 10 tho president OF said Temple for
10 use anu benefit anu Tor the neces.
iary expense- aud repairs iu aud about .
Iuid Temple nj Salt Lake, for aud dur. q
Ing the y filI OF said trust In case IA a
shall be deci led by any court of com. u
leteut juris Iiclion that the iuud ab We O.
provided TO be- paid u a.id N
Temple for tho expenses and work b
herein, including the obtaining OF the u
histories aud geuealoRies VI our i
antilles, II void for any reason, then
aid 500 per month shall bo held, con.
rolled anu used by the trustees under
his Will Tor the use aud benefit and tot
he Improvement OF my estate gen. y
rally, "
Tue balance, residue and remainder y
Il the Income VI the said trust property | :,
hall be paid 10 my vile Margaret "
.llloholl Biyth Tor her support and use. y
I'D iof improvements, expenses aud ~
gpgirs OF, in Rud about my foal :.
improvements and OK. "
ensts 10 DO made under the direction
nd IN the discretion Of my SAID vile.
nd with the aid Of the executors OF
his Will
Upon the deoease OF my said wNe, "
iarFarot Mitchell Blyth, the Income ~
{ aAi1 property shall be held, managed I"
uI controlled by the trustees uuurr
bio Will, and tho net Income shall be-
aii by them tor the improvement
nd repairs OF my real estate, o. tue "a. ~
,ut alid trustees shall deem necessary VA
M best, aud the balance tony children, vi
hare and share alike, whose uumes arc "a
. follows, to-wir John A. BIyth ami 70
elizabeth Mitchell, children OF myself h'
ud tirst vile, Margaret Mitchell Blyth;
nj Annie biyth, henroid, Margafe
lli1abeth Blyth anu Charles Blyth, d,
hillren u myself anu my second ~
4tGa MaFuaFet MplEav utytn .nt a.. |