The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-02-12
WANTS TO SAVE
MERRITTS ESTATE
Petition for Guardian of the Ex-Jus-
tice and Congressman.
TEMPORARY ORDER ISSUED
DISPOSAL OF HIS PROPERTY is
THEREBY RESTRAINED.

W L Gunter fled a petition in the
probate division of the district court
yesterday asking that he be appointed
guardian Of the person and estate of
Samuel a Merritt, former congress-
man from Idaho and chief justice of
the supreme court OF Utah territory, to
which latter office ne was appointed by
President Grover Cleveland.
After the fling OF the petition Judge
Armstrong issued an order temporarily
restraining James RI. Moyle. Lyde
wells, the Descret National bank. w
,. Mccormick q Co, the Consolidated
Wagon & Machine company and the
lions Cooperative Mercantile institu-
ton from diSpoSing of any of the stock
or other property belonging to Merritt.
In his petition Mr.. Gunter says that
Mr. Merritt IS more than az years of
age, and that he has been mentally in
competent and utterly unable to care
for and manage his property and estate
for years, and is now further unable by
reason of old age and weakness of
mind, unasSiSted, to care for himself
or his property. Also that he is likely
70 be and has been deceived and i'm
posed upon by designing persons.
Request in Behalf of Relatives.
Mr.. Gunter says he makes the request
to be appointed guardian of MT. NIer-
ritt's person and estate upon behalf of
the relatives and next of kin of Mr..
Merritt He says a portion of Mr. Mer-
ritt's estate is in possession of James
H Moyle, another portion in possession
of Lyde Wells; that a portion of it con-
sists of shares of the capital stock of
the Deseret National bank, another
portion of shares of the capital stock of
the lions Cooperative Mercantile in
stitutiOn, another portion of shares of
the Consolidated Wagon & Machine
company, and still another portion of
prOmisSory notes. neecoEiable and in
dorsed in blank by Mr.. Merritt.
Mr. Merritt has led active life. He
was a pioneer of two states, California
and Idaho. He was born in stanton,
Va, Aug 10, 1898; received his primary
education in a little school at stanton;
later attended and graduated from the
Staunton academy; graduated from
Washington college in 1S4S; began the
study of law, but was seized by the
gold fever of 1S49, and went TO CalifOr-
MIA overland that year. The following
year he became county clerk of the
county in which he had settled, and in
1851 and 1852 he served in the lower
nOuse of the state legislature. From
1897 to 1862, inclusive, he was a mem
Der of the state senate
Elected to Congress From Idaho.
In 1874 he transferred his habitation
TO Idaho and was elected a member of
the y-Sel.OnQ congress from that
territory. When his term expired he
came to Salt Lake and entered into d
law partnership with Judge ROsebor-
ough. which continued until Judge
ROseborough left the city in 1888 or
1889. In 1890. when the Liberals car
ried Salt Lake. he became city attorney
and served in that office two years. He
was appointed chief justice of the su-
preme court of Utah by President
cleveland in 1894, and filled that Office
until statehood was attained in 1896
when he retired from the bench. Since
then ne has been devOting his attention
20 his monetary and property interests,
and has succeeded in amaSsing a con-
siderable fortune.
Mr.. Merritt is a bachelor. and has for
a number of years made his home at
the Alta club Two months ago Mr.
Merritt was. struck by a street car in
front of the club building and was in
lured so severely that for nearly a week
his life was despaired Of but he recoV-
cred. and physically seems but little
the worse for his wounds and bruises
His brother and two nieceS are living
I'm stanton, Va
When Mr.. Merritt made the overland
rip in 1919 TO California he was accom-
panied by a negro slave boy given to
him by his father The boy drove the
oxen and cooked the food en- route to
the Golden state. Soon after arriving
there Mr.. Merritt bought him a new
suit of clothes. gave him some money
and set him free.