The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-11-27

In the probate court yesterday Judge
j. c. McNally handed down his de-
cision in the matter of the petition or
Harriet C. Taylor, praying for the re-
moval as administrators of LIE Grand
Young, Heber Young and Arta D.
Young, of the estate of Lucy Decker
Young, deceased, which was taken I'M
der Amusement October 5. The court
sustains and grants the petition.
Mr.. LIE Grand Young Immediately
gave notice of an appeal, and in his
remarks with Attorney Critchlow on
the subject as TO whether the court
had the right to appoint new eXecu-
tors for the estate pending the appeal,
both gentlemen submitted argument,
Mr.. Young claiming that under the
specifications of the will it was neces-
sary that the executors be appointed
by the heirs. Mr.. Critchlow claimed
that the matter was entirely out of the
jurisdiction of the heirs and in the
hands of the court, which court had
removed the present executors for
cause and was the only power to ap-
point new executors.
This was a very pretty and highly
important point at law and one which
will be further discussed and sub
mitted. The petition of Harriet c.
Taylor, which was granted, is as fol-
lows:
In the probate court of Salt Lake
county, territory of Utah.
In the matter of the estate of Lucy
D. Young, deceased.
Territory Of Utah, county of Salt
Lake, SIS. Harriet c. Taylor, being
fif CT 6r1lU nd T
am one of the persons interested in the
above estate as legatee under the will
of the said Lucy d. Young, deceased.
The executors heretofore appointed by
the court are LIE Grand Young, Heber
Young and Arta D. Young. The af-
faint asks in behalf of herself and of
the other persons interested in said
estate, that said executors and each of
them be removed from their said Of
flee and that administrators, with the
will annexed, be appointed to conduct
the affairs of said estate, and that
pending a hearing upon this petition
the power of said executors be sus-
pended. This petition is based upon
the following facts, which appear from
the records and files in this cause and
which have heretofore been made to
appear to this court by the statements
and admissions of said executors upon
the hearing of the settlement of the
accounts of said administrators. Said
facts are as follows, to-wit.:
The said executors and all of them
have mismanaged and wasted said es-
tate by permitting one of their mem
bers, to-wit, Heber Young, to receive
and collect moneys belonging to said
estate and wrongfully to apply the
same to his own use. That said money
was collected and wrongfully misap-
propriated by said executor to his own
use in the form of a pretended loan of
S1,250 to Heber Young, and $1,250 to
Fuller and Young, partnership in
which one of said executors was the
managing partner. That the said ex-
ecutor, Arto D. Young, has at no time
paid any attention to the affairs of
said estate or in any manner interested
himself therein.
THE said executor, LIE Grand Young,
up to the time when the account Of the
executors heretofore filed herein was
appropriated, to-Wit, on or about the
first day of February, 1885, has not as
sisted in any manner with the affairs
of said estate, but had permitted his
co-eXecutor, Heber Young, to collect
and disburse all moneys and to appro-
pirate the same to his own use. That
by reason of said neglect the estate is
in danger of losing, and as affiant is
informed and believes, has lost the
sum of $1,000, so as aforesaid misappro-
priated by the said executor, Heber
Young. That the said executors in ad-
dition to their neglect of the affairs of
said estate have also wrongfully mis-
managed the same in this that they
have caused to be distributed contra
~ to the provisions of the will a large
amount of personal property belonging
to said estate, some Of which, to-wit,
certain shares of the Brigham Young
Trust company have become, as affi-
ant is informed and believes, wholly
lost to said estate.
period have neglected and refused to
file in this court any account of their
doings or of their receipts or disburse-
ments until proceedings to compel the
fling of such account were threatened
by persons interested therein.
This affiant charges upon informa-
ton and belief that the said executors
have now on hand moneys rightfully
applicable under terms of said will to
affiant, but to pay any part of which
the executors have refused and still do
wrongfully refuse.
wherefore, on account of said neg
lect and mismanagemen on the part of
each and every one of said executors
this affiant alleges that she has
reason to believe that unless they are
removed the said estate will be
wasted and that the legatees and per-
sons interested in such estate will
receive no part thereof.
and your petitioner, this affiant,
prays that the said executors be sus-
pended pending a hearing. and that
upon said hearing they be removed
and administrators appointed.
HARRIET G. TAYLOR.
Subscribed and sworn to before me
this 31st day of August 1895.
JOSEPH II. HURD,
Notary Public"
The Tufts Case.