The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-04-11
REQUEST STANDS.
Legacy to the Church is Regular and
Legal

Another important decision delivered by
Judge Hiles was in the case of William
c. Staines VS.. Robert T. Burton and
James Little, executors OF the estate OF
William Carter Staines and the Church of
Jesus Christ of Latter-day Saints.
By his last will William c. Staines
after other devises made the following
direction as to the residue Oh his estate:
LAS the residue Of my estate, real or
personal my will is that my executors
shall sell it and invest the proceeds as
thew think best TO be safe and to yield
the most income This income | wish to
have divided as it accrues quarterly or
seuli-annually between Lillias and Pris-
ella CHS wives), one-half to each as long
as she lives. After the death of each
one I desire that my executors shall make
over TO the presiding bishop of the
Church of Jesus Christ of Latter-day
Saints the half of my estate from which
that wifes income was derived"
1.-The presiding bishop shall receive it in
fr1lst to expend the annual interest or in
come according to his discretion, for
the benefit of members of the church,
whether it be for schools, parks, watering
cities planting forests, acclime ting for
eign plants or anything else whereby the
members may be benefited.
The will was made on the 1st of March,
1873. and plaintiff, q son of the deceased,
alleges that the devise to the church is
void because it is uncertain and unintel-
ligibIe. ambiguous and Illegal, and further
because the church at the time of the
death of the teStator and the probate of
the will held real estate of greater value
than $50. 600, and further because at that
time it taught that polygamy was right
and proper and legal and this was and is
one of the principle tenets of that church.
and that therefore this bequest being for
the purpose of spreading the practice of
r)olygamy was for an immoral object and
therefore, illegal and void.
1t was also set up that the church was
disincorpcrated by act of congress and is
simply a voluntary association. The es-
tate is values at $4,000 and the executors
have in their hands Sl7.500 in money and
other personal property which the plain
tiff as an heir of the deceased. claims
and asks that the beCuest TO the church
be declared void.
The defendants demurred to the COM
Dlaint and the court in giving its decision
saws that the devise and bequest of the
will are not to the church. nor are they
to further the Illegal practice of polyga-
nv or to further any of the tenets of the !
church On the contrary it is for men,
bers of the church who might stand in
need and were worthy objects of charit- |
indefiniteness to defeat Inc will and in |
conclusion the opinion says: 1T seems |
10 me that a desire or bequcst of prop
ertv to charitable uses to so large body |
as the members of the Church of Jesus |
Christ of Latter-day Saints is general |
devotion to charitable uses for mankind |
tht. same in kind. but different in degree |
only as if it had designated nation or |
a tribe or race as the object of charity.
The demurrer was therefore sustained i
and the plaintiff was allowed 30 days in |
which to amend his complaint if he so |
GacIrad