The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-01-24
IN PROBATE COURT.
TIE KILPACK CASE Up BEFORE
JUDGE RIaAIR.
Testimony in Regard to THAT AGi-
davft-Other RusineSs Disposed of
at the Session Yesterday.

The Kilpack case came UP in probate
court yesterday, the issue being
whether j. B. Blazer shall be removed
or not.
This cause has been frequently men
toned in the daily press, it having
come into prominence by the disappear
ance of an affidavit alleged to have been
signed by Emily and George Kilpack,
which document set up that Blazer was
not correctly managing the affairs Of
the estate and asking his removal. An
order was made by Judge Blair fixing
Monday last for hearing. A continu-
ance was had until yesterday when the
case was opened.
Blazer was represented by Judge
Bowman while D. n. Straup appeared
for the heirs and creditors, among the
latter being Richie & Richie, attorneys
at one time for the estate.
There was not much sensationaiism
manufactured until about L O'Clock
when George hilpack, jr., a boy OF II,
and one of the heirs, suddenly leaned
over the edge of the witness box where
he was tsstifying and demanded that
the administrator, Blazer, give him a
paper he held in his hand.
Judge Bowman objected saying that
lit llctu IlOl ySiI u ullc IIlduG up lIIS IHlIU
whether he would offer the document in
evidence, and protested, therefore. that
it need not be given up; but after some
discussion Judge Biair ruled that ii
must be submitted in evidence.
The affidavit, which was signed 10y
young kilpack, set forth that affiant
had read the petition which was flied
by Richie &c Richie on November 49,
1894 purporting to be signed by him
and asking for Blazers removal. In it
he declared that he never did sign the
petition, nor did he authorize anyone
else to do so for him. The sigma ture
was forgery, and affiant never saw
the petition till November %, 1894, when
it was on file in the county clerks Of
free. The allegations in the petition
were all untrue in every particular
The administrator had not mismanaged
nor neglected the affairs of the estate
neither had he threatened, to affiant' 5
knowledge, to use the funds to pay
debts barred by any order of This court
Afiant did not ask for Blazers re-
moval, but he did desire the removal
of E. f. Richie, as an attorney for
the estate. for the reason that he had
been guilty of unprofessional conduct
and of making grossly immoral and in
sulting proposals to his mother.
Questioned by Mr.. Straup, young
Kflpack admitted signing this affidavit
knowing full we'll that the assertions
therein were untrue.
Mr.. Straup-Did Blazer tell You what
his object was in getting this affidavit
| Did he say what he was going to dc
with it?
| Witness-NO. [ afterwards wanted
him not to file it. because it was moi
! true; but he said something about elk
! ing it, with Mr. Richie.
| Judge Blair-Is the signature on the
| petition requesting Blazers remova
yours?
Witness-Yes sir.
| Judge Blair-,How came YOU to sigr
that affidavit-you knew it was moi
! true?
Witness-Because Mr.. Blazer asked
me to.
Judge Blair-And you swore to thai
which was false just because he asked
You to? Cannot you give any reason?
| Witness-Na. Blazer said he wanted
to save the estate some expense and
signed it.
Blazer then took a hand in the ex
| animation.
@Did 1 not call at your home Novem
Der 81, 1912"
Yes sir, you did,
| Didn't you, in the presence Of You
mother and Mr.. Hicks, state to me tina
you did not sign any petition what
ever?"
81 told you that I did and that it wa.
my name upon it." Further pressed
| witness admitted that he might hav
said it was a forgery.
Attorney Ritchie-Did Blazer offe
you any money or inducement to sigl
that affidavit?
! Witness-No, sir
| At this point in the testimony TIL
| hearing was adjourned until today
The reporters for the two morning pa
| pers will be called to testify as to tn
presence of the missing affidavit.
Further probate business was a
given.
Daisy Madeline obenchain awok
yesterday morning known by that It'll
and went to bed last night Daisy Made
line Foshay. Not that Daisy was mar
ried, but that she was adopted by W
D. Foshay and wife by the mother
! permission.
/ In the estate of A. l.. Pollock, Sat
urday, Feb. 2, was set to hear petitio
for letters of administration.
/ In the estate of Thomas Curtis, Gid
| con A. Gibbs, administrator, has file
a petition asking that the whole es
tate be set apart for the widow Feb
has been set for date of hearing.
/ Estate of William Howard; final ac
count and. distribution approved an
made.
Estate of David Vaughn; final ac
j count allowed.