Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-06-28
A HEAVY JUDGMENT.
Decision In The Case Of Mccormick
Us Gilmer
rAvoRs MCCORMICK s COMPANY.


Jcdge Hiles gave his decision today
i'll the case Of w. u. Mccormick VI
Mary Il. Gilmer ct al, rendering Jug.
mept for the pisintlfi, on TWO promis-
s1ry notes, nggregating sS5, 0l0.SS, In
cludiug S1,O00 a,torney's fees aau
costs, and also adjudgln g that Welle,
Fargo & company pay the ezecutrix,
Catherine Beleher, the sum OF $685.
605,s5; plaintiffs judgment TO be paid
out VI The latter AN unt.
THE case has been fully reported be-
fore, and readers OF the NEWS will re.
member that at the time OF John II.
Giimer's death, which occurred ON the
s Of May, 1892, he was indebted to
w. s. McCornick on a promissory note
iur s2s. $50, dated November 0, 1891,
aud pays bile one day after date.
He was also indebted TO Nathan
Thompson in tho su b.. { Sll ,l54 81.
fhls mote twas assigned by Thompson
TO-. Mccormick. u.r
Gilmer's isst will was made on the
30Ih OF Apri, 1892, whereby he de-
vised and bequeatged to Catherine
Belcher all bis estate in trust. Mrs.
Belcher accepted the trust and later
took the ontb Of flee.
1t also sppenre4 rum the pleadings
anu evidence that u liner was indebted
TO Wels.Fafgo Il TO. In the sum Of
$500 TO secure the payment OF
which TO deposited thousa uds OF share
In various mining claims ana Salt
Lake county real estate.
The VIII pr videi that all the
property OF the intestattr, real and
personal, was d vlseu and bsqueatheu
solely to the exscutr x, who was to pay
all debts aud liabiliuts anu deliver the
T Bidue TO Mary h. Gnmer, widow Gf
the dc Ceased.
IL also empowered to sell at public r.
private eale all the property mentioned
10 the wiil,w with or without giving due
notice.
Ga the 28th OF August a sale Of the
| miuiDg stock was made, Mrs Gilmer
becoming the purchaser at the a .ure
Of SS7, S2539, leaving o baiauce in
favor OF the estate OF s26 OILS So.
No one was preseb, at the sale out.
siue OF John E. Dooly, local manager
Of Wells Fargo G. Co.,and brother TO
Ga tho "a IA oil Novsmuer, S95
II WAS show IA that certain real esta,e
In salt Lake county was solI by the
Wells Fargo compsny To Mrs. Gilmsr
,0I "a, 800, and wblch was SHOWN TO
ue orlu $4,000, and Notwithstanding
the igct that the indebtedness OF the
estate TO the Wtlls Fargo Company hs d
ueen pal of, leaving a balance.
The curt fade that these sales W ere
inter del 10 defeat the claim
McCUrnick and Thompson, as we'll as
to impose upon the esIa,e an Illegal
IufQen.
Furthermore the court finds that the
ex eutrix mas not exercised her uiscfe-
,iun as rtqnred oy the Will at all.
Continuing the court sayl:
"Ihe evidence IN thi6 ctsa shows a
| combination between WelIe, Fargo &
90. and Mira. Gilmer by c,lorabie
sale tneteIyl to get the properly OF the
estate away from the just oiaims Of
The creditors and particularly from
u use OF Mr.. McCofnick and Mr.,
thompson, and further design Oh
the part of Wells, Fargo d Co. to place
al Illegal buruen upon tue estate to Its
Injury and to that OF creditors, anu
presumably 10 the Injury u Mrs. Gil.
mer as Iesiduary devisse and lesates
under the Will.
"Whtsotve combines together
to deprive others OF their Just
y ute can have no stsnding or
consideration in court OF squi-
~. In all tuch cases, as between
sud among eucn partiee, go combining,
the court Will give no relief, but Will
leave them as 1t tnas, 10 their own
devlcts."