The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-02-07
SEEKS TO FORCE
HALL TO HURRY
Mrs. Annie Armitage Park Hill
ton Files Petition.
AIMED AT DISTRICT JUDGE
SHE ASKS SUPREME COURT TO
MAKE HIM ACT.
A RS. ANNE ARaurAGE PARK

AZ RS. ANNIE ARAIITAGE PARK
I'VE HILTON yesterday began action
in the state supreme court to COM
pei District Judge william c. Hail to
hand down a decree in the suit brought
by her to secure her dover interest in
the estate Of the late DR.. John r. Park.
Through her attorney. \. V. Jones,
airs. Hilton filed a petition for d writ
OF mandate ordering Judge Hall to
act in the matter which has been pend
ing before him nearly a year
Mrs. Hilton began action in the pro-
bate division of the district court Sept
90, 1900 claiming that through celes-
tiaI sealing, according TO the Mormon
faith. with Or. Park. she was entitled
80 a third interest In the estate, which
was valued at about $4,000 Judge
Hall held that celestial marriage was
not legal wedlock, but in July, 1902, the
supreme court reversed him, holding
that the celestial sealing constituted "a
legal marriage.
Entitled to Widows Interest.
The affidavit and petition dIed yester-
day recites all this. stating that a Ger
titled copy of the supreme court opinion
was received by the probate court, and
a decree was entered in accordance
Herewith, declaring Mrs Hilton en-
titled to her widows interest. She
theTeupOn filed d petition for division
Of the real estate in accordance with
law and the decree
May s. 1903. Judge Hall appointed
three commissioners to set apart Mrs
Eilton's third. May II, 1908, the COM
missiOners filed their report. June 1,
following, Attorney Jones. acting for
Mrs. Hilton, petitiOned the court to
confirm the report Of the commission
ers, thus giving her title to her share
in the property The petition goes on
TO aver as follows;
"That there is TO considerable
amount Of work to be done in passing
upon ana deciding said matter
Judge Fails to Act.
'That said W. c.. Hall, judge Of said
court, has up to date hereof failed and
refused and now fails and refuses to
decide, pass upon, confirm, modify OF
set aside said report Of said commits
siOners. or take any action therein
whatever.
That by reason Of the failure and
refusal of said defendant to act, as
by law required. and pass upon the
report Of said commissioners, within q
reasonable and proper time, the plain
tiff has been greatly damaged and in
iured by having her property withheld
from her, and being deprived Of the
use thereof 10 which she is by law en-
titled
THAT e is the duty of said defend-
ant TO pass upon and in some manner
confirm, modify or set aside for causR
the report of said commissioners.
'ThaJ there are no disputed ques-
lions Of fact involved in said matter,
and the same may be readily deter
mined with the assistance of the briefs
Of authorities cited in the court.
Delay Is Unreasonable.
THAT during all of .he times herein-
before mentioned defendant has been
able TO attend 10 his duties as judge
OF said court and has not been pre-
vented from 50 doing for any cause
whatsoever.
THAT plaintiff by her counsel has
called the attention OF the defendant
10 the fact that he has not decided or
passed on said commissioners report,
and requested him upon three differ
ent occasions TO do so, tO-wit: on or
about the 1ss day Of July, 1903, and
again on or about the 18th day Of Sep
TENDER, 1908, and again on or about
the 18th day Of January, 1904.
THAT plaintiff has no plain speedy
or adequate remedy in the ordinary
course of law.
Plaintiff further AYERS that the de-
lay or refusal TO acI, pass upon or
decide upon said report Of said COM
missiOneTs, as aforesaid, is unreasOn-
able and unnecessary, and is a denial
Of plaintiffs right TO have possession
of and enjoy her property, which the
law secures tC her, and hinders and
prevents the distribution to her Of her
lanfuI estate,