The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-07-12
MRS, HILTON
LOSES HER CASE
Sealing For Eternity Not a
Valid Marriage.
JUDGE HALL DECIDES
FAMOUS WILL CASE
Mormon Church Ceremony Is
Simply a Religious Rite.

The celebrated case involving the
validity of the viii Of the late DR.. John
r. Park, which made the University of
Utah the sole beneficiary and awarded
to it the educators entire fortune Of
about $4,000, was yesterday decided bv
Judge Hall, who decreed that Mrs. An
ME Armitage Hilton is not the s,lrviv
ing widow of decedent and therefore
not entitled to any part of the estate
ne court holds that the religious
ceremony known as sealing for etar-
MY Is not d marriage ceremony rec
ognized by law.
Inc case, or rather the cases. We're
Jrled the middle of May The actions
uled were the case Of Mrs. Hilton
against Rose p. RoylanCe. to whom
Or. Park decided d piece of land shortly
DeIOre his death, for her widows third
OF the proceeds of the property con
Veyed; the suit of Samuel W. Stewart
the executor, against Mrs Hilton 10
q1leJ the executors title as trustee 10
All OF the property left by decedent i'm
SaIt Lake county, and the petition Of
MIS- Hilton TO be awarded a family al
lowance out of the estate. pending set
Element and distribution.
Attorney n V. Jones of counsel for
Mrs. Hilton said yesterday afternoon
that while he had not read the decl-
-'AfAA ~ AtAu AlD uUuDL tlGf aEnREN
would be taken by his client to the SUI
preme court.
Text OF Decision.
The text of Judge Halls decision.
WIN n applies TO ea-h of the cases held
under Amusement since the trial. is as
follows:
The court, without discussing at
length, from a careful consideration of
all the evidence, finds and decides:
That the plaintiff and John r. Park.
deceased, Daniel H. Wells. the presi-
dent or high priest, and all the svit-
nesSeS were at the time members in
tuH fellowship of the Church of Jesus
christ Of Latter-day Saints at Salt
Lake City;
That at the time Of the alleged mar
riage the plainti6 and John r. Park
were single, that they were friends Of
some years standing, but the friend
ship had not ripened into o. been inn
pressed DE a courtsniD. r. declaration
OF love ana q reciprocity. a the time
the woman was ln extremis thought
by those present and 10y herself 10 he
in state Of immediate physical disso-
luton. The only thought of them ali
seemed 10 be the spiritual or future
welfare OF the one passing from this
into the next world. This exigeucv
presented for consideration what might
be within the rites and ceremonies of
'AtC- -lAAs '-4A 4l4 GAAttl cases USlIdIIK adj
mlnistered; that is. before dissolution.
the woman Ee sealed to some good
man. So believing, one of those watch
ing and waiting at the bedside suR-
gested 90 the plaintiff that her future
welfare might be promoted or the
ways to eXaltation IN the next world
become more accessible should she be
sealed 70 some good man. The selec-
ton fell upon John r. Park, Of which
he was Immediately advised and came
directly TO the house in which plaintiff
then was, and was informed by the at
tending physician that the plaintiff
die.
The Religious Ceremony.
AT this juncture both plaintiff and
JoIln K Park. believing that the plain
tin could not survive, went through
and took part IN religious ceremony
known only to the aforesaid church
ana participated in only by its mem
bers- The certificate is as follows:
John Rocky Park born Tfffin. Seneca
,ounty, Ohio May. 1853.
anne me Flora -Airmitage, born Nottinghfl,
LONDON, - February, 1853.
ne 5PoTe parties were sealed by Prest.
y H. Wells, in the presence of EneIiue
FREE Young and az her residence. In Saf-
lady being on her supposed death bed.
DANIEL H. WELLS.
1872" %
This certificate and the ceremony is
Characterized by the witnesses. in 50
far as they would testify. as a religious
Junction sealing. having a relation
to things spiritual and not TEMPORAL:
some sort OF spiritual relation between
the woman and the man as to a mar
rage, and, as in this instance. prac-
uced only in contemplation of imme-
date physical dissolution Of the wo-
man, and intended solely for her spirit
udl welfare in the next world. and
without a reference to or the making
Of any change in the status of the man
as to the things of this worId-sin1Div
a consent TO. and participation in a re-
hgiOus ceremony or function wherein
the woman might reach an exaItati0n.
a happiness, in the world to come.
Thlch otherwise she might not attain.
Wherefore the court finds and de-
cldes that the aforesaid ceremony or
alleged marriage is not. nor was il on
the 18th day Of December, 1872. a mar
rage known TO or recognized by the
laws OF this commonwealth, and there
fore plaintiff and John r. Park were
never husband and wife.
Findings, conclusions and a iu9e-
ment are directed to be found and rem
dered herein in accordance with the
foregoing"