Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-11-26
MRS. TAYLOR WINS.
Judge HcNally Makes An Important
Ruling In Her Favor,
IN THE LUCY D. YOUNG ESTATE


A"Hhbt NuSlAANdt uloA peutlon "
tho probate court asking for the TO.
moval Of lie Grand Young, Hebei
Young and Aria ID. Young. executor
Of the estate Of Lucy Decker Young
md setting forth the following reAaonl
Why said action should DO takoni
The said executors and oil OF them
have miamanagod and wasted said
estate by permitting one OF their mum,
Der to wit, Hsber Young, 10 receive
and collect moneys belonging to sale
estate and wfongiully 10 apply tn,
same to bis own use. That sAio
money was collected and wrongiullJ
mlsappropriated by the snid executor
~ his own use In the form Of pro
tended lyan OF twelve hundred
aud fiily dollars 10 Heber Yount
and ihs same amount TO Fuller n
Young, pAttnofship In which ono ol
said executors was thu managing
partner. That the said executor Arts
ID. Young has at no time paid any ut
leution to tho hiiaira OF said estate oI
IN any manner interetted himself
therein.
The said executor lie Grand Young
up ~ the time when the account OF the
executors heret tore filed herein wnt
Appropriated, to-wil: on or about tht
hrsi day Of February, 1895, has moi
assisted In any manner with the Affairs
Of said estate, but had permitted his
oo-cxecutOr, Heber Young, to collect
ana disbufae all moneys anu TO sppfo.
PIRATE tho same 70 his own use. That
by reason of said neglect the estate 10
Ia dsnSo OF losing, and M afiiant IL
Informed and believes, has lost the
sum OF twenty-five hundred dollars 90
ns Aforesaid Inappropriate by the
said executor Hobrr Young. That
the eaij executors in addition 10
their neglect OF the Affairs
Of said estate have also wrong.
fully miamanaged the same Ia
this that they have caused TO bs dis
ttlbuted contrary 10 the provisions Of
said will 4 large amount OF personal
property belonging to said estate, some
Of which, t0.wil; certain shares OF the
brigham Young Trust company have
become, M afllant II informed and be-
lioyes, wholly l0st TO said estate.
That the said executors for n long
time neglected anu refused TO file In
this court any account VI their dOingu
or " their receipts or disbursements
until proceedings to compel the Cling
OF such account were threatened by the
persons Interested therein.
This ailiant charges upon informa-
tlon anu belief that tho said executors
have now ON hand moneys rlghtfully
applicable under the terms Of said will
10 the payment Of tho lsgacies OF this
aiiiant, but 10 pay any part OF which
the executors have refused aud still do
wrongfully refuse.
Wherefore on account OF said neg.
loct and mismanaEemont on the part
OF each aud all VI said executors this
anlAnt alleges that hha has reason 10
believe ana does believe that unless
they are removed the said estate will
be wasted and that tbs leRAtees anu
persons Interested In eucn ustats will
receive no part thereof.
And your petitioner, this Atflaut,
pTaya that the baid executors DO sus-
pended pending hearing aud that
upon said hearipg they be removed
And admiulstra1ora appointed.
On toe 3rd day VI October, 1895,
HeUer Young tiled his separate answer
w AhN hhAHN NAAAhNk hlu
having taken the loan OF the money
before mentioned without the concur
renee or knJwlsdge OF any ot the rest
OF the executors OF tho viii, anu cited
Ia Justification VI his act that In tho
lifetime Of his mother he had full
oonttOl Of all her property, as
teis and means. That during
her lifetime she instructed him To
Ia Ia nh ~ MI a.tsT k.s
In the best manner no could, anu in 40
doing he freely conferred with her aud
told her he was using II himself most
~. That at the time OF hor death no
presumed that he WAS solvent, and had
over anu above the property exempt
from execution and lust debts fully
$4,000 worth Of property.
The answer then goes on and cites
the case Of his going into business
with William Fuller aud losing money
through investments until he became
igsOlvent. He further states that at
the time he borrowed said money ho
nrmly believed his property would
more than pay his debts and that no
would have large surplus lsh. But
contrary to expectations he lost hesvi-
ly In investments aud everything was
swept from him. He afterwards went
And told his co-eKeoutoT, lie Grand
Young, OF the plight he WAS in, ahd Rt
his solicitation, he decided all his bs.
longings to said lie Grand Young for
the benefit OF the estate VI Lucy
Decker Young. la making distribu-
ton OF the stock OF the Brigham
Young Trust company he believed ana
had good reason therefor, that the
money he had OF tho estate would DO
paid; and the distribution Was made
ia good faith and with the consent and
approval OF all the heirs.
10 tue other allegations mentioned
IN the affidavit ths Defendant entered
denial aud summed up his answer
by submitting TO the order OF the court
as far ~ his position as executor Is
concerned, but alleged that he was
doing all In his power TO preserve and
protect the property OF the eatAte.
The answer Of LIE Grand Young con.
taiuod specific dsnisl Of All tho
charges set forth ia the complaint, with
mo exception Of an admission that the
executors had In their hands certain
sums Of money, tho Interest on which
Is due TO said Lfiiant Harriet q. Taylor
and others ss provided In the will and
hich had been paid 10 them Rs II
was collected, save and except 50 far
as the came has been exhausted In the
..g-...z.y 80. H.. L..