Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-01-13
THE YOUNG ESTATE.
BIS. CIay'Or, as Guardian, Gases 10
Act IN That Capacity,
JUICE uL,lws DECISION TO-DAY
Ills Honor q riu, thr Entire Case In
a Very Exhaustive Way and Na..s
Running Ccmm MS


wards ui Bu heur this mOfui1g io the
rem sFius o. hts opinion 90 t.u Ernest
/. Youp Of al coulou. ca6,, thu hear.
log in connection with which, on and
"a, has extended over the last month
or siX weeks. rhcman facts appeared
iu these columns during tie progrsss
Of the Trial.
He honor began by re'o'rIuE iuc.-
doutslly 10 the litilo unp.cs,aniu,s.
which occurred tho other dny between
Judge Howat ami Attorney /. NJ
Waddtil ~ the caur.u " the legal
arguments. he fclt snusGoI, Doc faiI,
TINT Judge Hownt was lalounR under
misapgfchc sI1n iu fcgari O. Mr..
Waiiri's postiyn when he Halul
what be- then did. Ifcou1aoI supposed,
a. hA honor iufeirci from bll remarks,
that Mf. WglIrll came there more rs
u prosecutor than o. sec iustlco done
10 his clients, hc WAS mistaken. when
hc Judge BlaiD learned what was the
nature OF this case ho lelt II " be- his
duty 10 appoint SONS pelelu thorough.
| ~ experienced Boo probate court mAtters
] to look alter The inter uf thc m non
heirs, and hts choice foil upou Nh.
/ Waldull, who accepted with ~.
luCiancr. IL wm bot due 10 that gon-
tlemnu he thruli make this statement.
! Ills Honor Characterized tins ClHu us
ulmUwhat implicated ana novel one.
Ernest 4ouugi u appeared, died Ia
Ortobsr, 1879, and hiB wife Sybilla ".
wns appointed admlniBiTatnx OF the
estate IN the following November.
Early In 1850 she resigned that Office
nud another Administrator was
appointed Ia her stead, When
tho husband died there were
four children living and the
hith was b0fn a short time after hia
doccusn. Two VI the children had
since di,d. Mrs. Young applied for
letters Vt guardiauship Tor tho four
children; nud here was the beginning
VI the bitterness auc trouble Wlich
had followed. The court granted her
application upIn the expressed con.
dition that She enter into bonds rev.
erally for the proposed wares Ia the
sum Of $4,000. Now ~ to
the sequel. The records Of the
court showed that Instead OF executing
bonus IN sevefalty she executed Que
only Ia the sum Of $4,000, anu that
tho court never approved 'f. Before
she could become Aguudian under that
ORDER Sue tuuSt nave executed n proper
bond, according TO the directions OF
the court, and take the required oath.
But tho went on acting as N che had
compiled with all requirements. She
asked this court TO permit her 10 tcil
c'flnln real estate u pay the debts shr
had Incurred In the custody and elu.
cation OF the children aud for their
future care. IL HpIonrs that that poti.
ton was granted. Tho pf0t.
efty WAS advertised 10 DO die
roted u at private iRle, NJ a given
time aud place, hut IL soumtd there
were no bids and no buyers. some
two muniha inter Mrs. Young sold the
property at private sale; Out this was
certainly altogether Illegal and im.
proper. IL aho had wished 10 try
second time she should have mado "A
now application 10 the court; time
should nave boon Het aud the property
appraised n second time. Aud nero
came In very delicate mat.
ter In this important question.
IL appeared that during her widow.
hood Mic. Young was In strsitvned
circumstance, Rnd was financially
distressed wnen she married nor
present husband, Mr. Clayton. Feel.
ing that she would like 10 have every.
thing Outstanding cleared up, II was
proposed that this property should DO
converted into money. Judge BLAIR
then, At some leDgth, went into the
purchase by Mr.. Lyman aud tue sub.
sequent deciding VI II over 10 Mr..
Clayton, all rs the result OF
prior arrangement ater consultation
with an eminent attorney. His honor
likewise referred 10 tho trial OF the
suit which followed IN tho Third dn-
tTict court, anu then went on 10 IT.
mark that when counsel pt0poundei 10
HIM the question whether " not this
lazy was legally appointed guar
| dian, alter the oyidence which had
been ndduced on the present hearing
ho unhesiiAtingly anu unquaihedly
answered no. Under the law it seemed
10 be a recognized TACT thar she was
not a guardian under the ilfHt an.
pointment. Coming to the accounts,
the Judge said they hal been running
on Tor ten or twelve ytara. No reports,
no appraisements Of any property, were
matchmaking was aOae; they were
almost Ail0Wed TO sleep ohio sleep
which knows no waking" until the nl.
ing OF this petition, And now the
parties came In and filed their accounts
~ beet they could. lie believed what
Mrs. Clayton stated, that she had a
hard time Of II after the death OF her
husband, aud gave Mr.. anu Mrs. Clay.
ton credit for doing what they believed
10 be for the beat, A guardian, In
his opinion, In the expenditures made,
ought to DO governed good deal by
the extent OF the estate VI the wards.
In this instance the hly, no. being a
guardian ut the time, ought not to have
paid out VI the estate certain moneys
on behalf Of the minor LOul, an Ia.
mate OF an insane Institution IN Barre,
Mass. What shB ull done was doubt.
less with an honest motive, aud II was
10 her credit; but the requirements of
the law must be Kept IN dlght. What
ever sum was pad 10 this connection
by Alrs. Clayton prior 20 her appoint.
msnt on guardian ~ 1883 snould not
Uu allowed out OF the estate. His
honor then dealt with the petition Tor
Mrs. Clayton's removal as guardian,
remnrking that she had probably done
some very imprule1' thiugs, notably
In reference 10 the manner Of the dis
| ..H.Farftf