The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-12-10
WALKER ESTATE
CAN BE DIVIDED
Judge Hall Sets aside the 20
Year Clause in viii.
IS AGAINST PUBLIC POLICY
DIRECTS EXECUTORS TO MAKE
ACCOUNTING TO BIN.


The Walker estate can be divided or
partitioned amy time the heirs see fit.
hat clause in the viii oC The late Jo-
reah r.. Walker providing that his es-
tate should remain entact for twenty
Years after his death. has been set
aside by a decree of Judge William G.
Eau off the probate division of the dis
tiict court lie holds. i'm substance.
tfar such an acL would be against pub
hc policy. and directs the executors
of The estate 20 make their final report
to him. preparatory 10 division Of the
Irnuorts among the heirs If they de-
eg- "a partition az this time
ne suit 20 determine the legality OF
inat particular clause in Mr. Walkers
ST was n friendly one. Tie was begun
BEFORE Judge Hall on MAY 2S, 1908. Sew
eiHi or the executors of the estate were
made plaintiffs and two defendants to
The action. The other members of the
family arrayed themselves on either
side. Among the plaintiffs was Mrs.
Alberta Winifred Walker, widow Of AL
bert II. Walker. son of the deceased,
who died some time ago, and her little
daughter. Wlnifred S. Walker. Before
her marriage she was Miss Winifred
Sprague
The following is the title Of the case.
showing the sides taken by the differ
ent members Of the family in the suit:
Sides Taken by the Family.
Charles A. Walker, George r. Walk
or Winifred s. Walker, Winifred S
Walker ar administrators Of the estate
of Albert u. Walker, deceased; Alberta
Winifred Walker, by Winifred s. Walk
cr the guardian of her property
Charlof A. Walker and George r
Walker. as executors of the last vii
and testament Of Joseph X. Walker
deceased. plaintiffs, vs.. Mary A
Fbeesman, Joseph r. Walker, and
Mary A. Cheesman and Joseph r
Walker, as executors Of the last vii
and testament of Joseph r. Walker
deceased defendants.
Through the decree Of Judge Hal
Mrs Alberta Walker receives her hus
bands share of the estate and assume
charge of the share which goes to he
little daughter. The remainder of tn
estate is divided equally between tn
other heirs. Although the decree doe
not make il mandatory upon the heir
IN divide the estate. it is said that
S. the purpose as soon as the usual lega
formalties attendant upon the final re
lort of the executors is filed with I'll
court and passed upon.
The decree of the court setting asid
the rweuty-year clause IN the VIII O
Nlr. Walker and permitting Of on
vision of Che estate left by him, read
us follows.
Decree of the Court.
The parties hereto having waived fine
iugs of fact and the court having mao
and signed his conclusions OF law here
fu 40 d. by the court ordered. adiudge
and decroed that under and by the tern
of the last will ana testament on JOSEF
r. Walker. deceased, admitted TO probal
bv tho Third district court or the stat
of Utah in and for Salt Lake county @
the 9th day of February. 1871, the ul
go the real and personal property of sal
licensed dld not pass TO the executor
- said will but all the property OF sa
deceased. both real ard personal. an
the title thereto passed at the time
thu death of said deceased 90 Mary
Chacemau Joseph r. Walker. Albert ]
Walker Charles a. Walker and Georl
Il Walker, the children of said deceass
aud his only heirs at Jaw, for the ter
OF twenty years from the death or Sa
deceased. each of said heirs at law
said deceased taking an undivided on
fiffh Of said real and personal prOpert
subject Go the control OF the court az
o. tho possession OF the executors
said VIII FOR the purpose of admintstr
ti0u according to law, and tnat unQ
and bv the terms of said viii said Ma
a. Cheesmau Joseph r. walker.
bert j.. Walker Charles y alker an
George r.. Walker, as devisees and le
nfrcs under said will. at the time Of q
u,atn of said Joseph r. Walker. q
ceased. ut The expiration Of twenty yea
frnm Use death of SAN Joseph r. Wal
CO.. deceased and all the interest or ea
of said devisees and legatees under 50
Wit unon the death Of said Joseph
Walker. deceased became and "
merged with tho Interest that each
them took and had ms an heir az u
OF said deceased. to-Wit- An undivid
oue-fifth thereof to each OF them. a
that uDon the death of said Albert
Walker fhis widow. said Winlfred
Walker. became the owner OF an
divided one-tenth OF the property Do