Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-05-16
Mrs, HlItou's Attempt to Get One
Third Of Dead Educators Estate,
TELLS HER STORY ON STAND
Sealing Certificate, and Agreement 10
Separate p Wanted TO be Sealed 20
some One Preferred DIR, Park.

last, after months OF delay the
Dr. John r. Park will contest. Insti-
tuted by Mrs. Annie f. Armtage Hi
ton, FOR one-thrd Of the deceased edu-
Gators estate, is under way In the dis
trlct court. A trial Of It begun before
Judge Han late yesterday afternoon and
continued throughout the whole Of to-
day with the plaintiff on the witness
stand much Of the time.
The presentation in evidence last
evening Of the much mooted certificate
Of sealing and the subsequent agree
ment Of separation on the recovery OF
the deceased and her admission today
that when she thought she was going
TO die that she wanted to be sealed to
some good man and that she expressed
a preference for DR.. Park an hour be-
fore the ceremony, were features Of in
terest
THE CASE OPENS
When the trial commenced the court
by agreement Of counsel ordered that
in so far as possible the testimony TAX
en- In the trial Of the case Vt Mrs Hill
ton against Rose T. RayIance should be
considered as the evidence IN the case
OF Samuel w. Stewart, executor Of the
Park will against Mrs, Hilton and
also In her application for a dlstribu-
tive share OF third Of Dr. Parks es-
tate as her wiodw's dover and for a
family allowance. The primary point
at issue In the case Is whether Mrs.
Hilton Is the widow of Or, Park, and
the fundamental purpose OF the trial
VIII be 70 prove the validity or Invalid
ity Of the marriage Of 1872; the pur-
ported divorce and the legality Of the
viii, which made no provision for the
contestant.
The first case involves the title Of Mrs.
Roylance, who was foster child OF
DR.. Ihrks. to her home on Ninth East
street. a little north OF Twelfth South
which was decided TO her by the doctor
shortly before he died Mrs Hilton's
attorney contends that the deed is void
because Mrs Hilton dld not Join Ia he
conveyance The second case Ia an Nc-
ton brought By the executors to quiet
the contestants title TO al the real
estate owned by Or. P2rk, at the tine
Of his death, which occurred on the
Goth of last September
BIG ARRAY or ATTORNEYS
Mrs. Hnton's attorneys are Nathan
lei V. Jones, with o. w. Powers and ID.
n. Straup associated, The counsel for
the executor, Judge Stewart. and the
University. are Frank Pierce, Judge
Howat and Waldemar Van Colt.
Attorney Jones made the opening
statement saying In effect, that Annie
T. Armltage was married 10 Or. John
r. Park in this city on Dec 3, 1872 and
was never legally divorced from him,
DR.. Park died on September 80, leav-
Ing the plaintiff his surviving widow.
The object in seeldng to have the deed
to Mrs. Roylance's property set aside,
said he. was TO determine Mrs. Hilton's
dover right to a third Of DR. Parks
property.
Attorney Van Colt made Il statement
In reply and said that the defense
would show that Annie Armitage be-
came acquainted with Or. Park in 1871,
and In the following wear she was taken
seriously m. She believed that she was
dying, and being an adherent TO the
Mormon doctrine Of sealing. a marriage
compact that IL for eternity she eX-
pressed a desire TO be sealed to DR.
Park. The latter was brought TO her
bedside and told Of the desire Of the
supposedly dying woman. Being as
sured by the attending physician that
Miss ArmitaRe could not recover, he
consented TO be sealed 20 her.
But strangely enough Miss Armitage
recovered. but never lived with DR..
Park. She understood that the NOR
rage was for eternity only, and later
married William hilton by whom she
has had eleven children Attorney Van
Colt continuing. said that DR.. Park
never married any other woman for the
reason that he was physically lncapaci-
tated for marriage. And. furthermore
he said. In conclusion Mrs. Hilton set
up no claim as the wife OF Or. Park un-
IN after his reath and when II was
known that he had left a valuable es-
tate.