The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-06-19
Hard to Decide who is the Heir.

The appeal from the Third district
court, Hon. s. a. Merritt presiding, in the
matter of the estate of Oscar y. Amy,
deceased, Jennie Amy, appellant, vs.
Royal y. amy ct al, appellants, vs.
Aoella Young ct al. respondent, was ar
Sued by ". II. Dickson and S. p. Arm
strong, attorneys for Jennie Amy, lie
Grand Young for Adeiia Young ct al,
and c. Z. ence fer Royal D. Amy.
The case was a very complicated one
and involved piece OF property on State
street in this city described as part OF
lots ana >, in block 10 plat \, Salt Lake
city
The cause came 10 the district court on
appeal from the probate court OF Summit
county from an order and decree Of dis
tribution of the estate Of Oscar y. Amy.
The petition for distribution filed by
Jennie Amy represents that she was the
lawful wife ana now is the surviving
widow of the deceased, Oscar a. Amy;
mat he died leaving no brother or sister
or the whole blood or of the blood of
leYlYd {. s. Amy, The mother of the de-
cedent. and no issue or father or mother:
t!lat me property Of said estate and of
which the SAID Oscar A. Amy died seized
was inherited ny him from his mother
and tlldt the property was originally ac-
CURED and owned by his mother: that
phe, the said Jennie Amy, as The surviv-
&
anu prayS that the whole of the estate
be distributed 70 her
The petition filed by Adelia Young
JJeiectd MaSten and Cedenia {. Young
represents that they are the maternal
alIntS OF the deceased: hat the property
CT the estate was inherited by the de-
ceased Oscar \. Amy from his mother
LeVlra c > Amy. being d sister OF the
petitioners: that said property was or
iginally acquired and owned by his said
mother. that Oscar A. Amy died leaving
no ISSUE or Gather or mother, and no
brothers or sisters of the whole blood or
OF me blood OF l1evira .. 5. Amy. These
petitioners denied that Jennie Amy was
the lawful wife or Is now the widow of
The deceased Oscar 4. Amy. Jennie Amy
Was 1t one time married TO one Elliot
I2ullet"ofth, from whom she obtained, in
1913, divorce from the PROBATE court of
Washington county. The validity of this
divorce was denied and III that case Jeri-
lie Amy 5 marriage with the decea sed
would not be a legal marriage. These pc
uuonerS further represented that they
The auntS, are the only heirs and ask
them.
Then comes a third petition for distri-
hutton filed by Royal .. Amy, francis
~ II jackson, Ellen r. Smith. Mary A
-ZsS agnes and Saba \, Clark, representing
'inat they are the brothers and sisters of
3 3l.e half blood of the deceased, being the
issue OF Dustin Amy, the father of the
deceased, by a former wife. LeVora Scott
Amy; that said -deced sed died leaving no
issue and no father or mother and no
titioners- This petition denies that Jen-
ME Amy was the lawful wife or is now
the widow of the deceased. and further
states mat the property of the estate was
originally acquired by Dustin ANY the
father of the deceased, and of these pc
tiuonerS, and that the same came to
oscar 4. Amy by devise from his father
ana thdt these petitioners are the only
heirs Of oscar \. Amy, and asks that
the whole estate he distributed to them
The case presented several questions
FrSJ-lS the ButterWoIth divorce valid
and if so Will one-half of the estate 90 to
the half-brother and half-sister of the
deceased
If the divorce is void the further r,,,---
ton arises as to whether the nalf-brother
and half-sisters VIII inherit the Wholt
estate or whether it viii 20 to his ma
ieriai aunts, being the next Of kin in z
more remote degree.
And is the mayors deed conclusive as
TO the estate which LeVira {. s. Amy held
in said land2 If not was the title derived
bring it within the rule of ancestral es-
inherit? ~
The court below found as conclusions of
law that the property having descended
10 the said oscar A Amy from his BROTH
or and sister, all Of those who are not
the blood of such ancestor ad the kind
red of said Oscar A Amy CIecea sod a,.a
excluded from inheritence; that Oscar !.
Amy leaving no father or mother, wife
or issue, the property passes to the next
Of Kin, who are the blood of the ancestors
from Wnom II came and who are the next
OF KIN IN that line, TO said deceased: that
-Adelia NounE, CeGenia c. Young and
Delecta MaSten being the blood of the
ancestor, who are also the next of kin
IN that line TO the said Oscar A. Amy.
then they are entitled to the premises and
property in equal degree and q decree
was entered accordingly
From the judgment the appellants an
pealed and after hearing the arguments
thelr honors took II under AMUSEMENT