The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-08-25

Smith, Joseph W, McMurrin. Henry.
Blood. 9. W. Penrose John H; Smith, ors92yu
Gibbs, James jack and 3. II. Roberts are al
pauabers OF said association, the Church ot
Jesus Christ OF Latter.day Saints; that the
ssid association; that the defendant, George
F. Gibbs Is secretary Of said association; ths'
he defendants. c: "; Penrose' John =
Smith ere what is known and designated as
apostles of said association, and the belafee
% ssid defendants nsmed as officers OF ssd
association, are all prominent in the counsels
and management OF said association, The
Church OF Jesus Christ OF Latter.day Saints:
Your orator further alleges and shows 70 the
court that the said defendants. hcreinbefore
last named. are Joined defendants herein
for and il behalf OF the members OF said as'
socistion. the Church of Jesus Christ OF bat'
tor day Saints. ps we'll i'll their own behalf
and that tho said defendants are sufficient in
number and position in said association 10
properly represent nnd protect the interests
of all the members OF said association in this
action
Your orator further alleges and shows 10
the court tha. the said association, tho Church
OF Jesus Christ OF Latter day Saints, by rea.
70 ths said Salt Lake Temple claims 10 BE
the owner Of and entitled TO receive the re'
amounting as aforesaid TO tho sum Of thirty
thousand 1870, 900 Oo) dollars, and acting by
and through its said president, Joseph F.
Smith has made claim and demand upon
rhe executors OF said estate that tbey trans
fer and deliver TO the said Joseph II. smith,
as trustee of the said Church Of jesus Christ
Of Jatter-dRy Saints.
Declares Attempted Devise Void
Your orator further alleges and shows to
the court that the said attempted devise 10
the said Salt Lake Temple, and now claimed
by said Joseph i, Smith, as trustee Of said
association, was and is null and void for the
reason that tho samo is uncertain, ambiguous,
unintelligiblc and illegal
Your orhtor further alleges and shows 10
the court that the said attempted devise 10
the said salt Lake Temple, or II the same
was intended for the OF the said as
sociation, the Church of Jesus Christ OF Lat
,cr-day Saints, is null and void for the
reason that il creates q perpetuity by with
drawing the property our OF commerce for q
period oil more than twcnty'one years, ma
that the same is not a gilt intended for any
Your orator further alleges and shows to
the court that said attempted devise is null
and void for the reason that tho 'Snlt Lake
Temple is not such person, association
or corporation that is capable of inhoriting
property that the snid Salt Lake Temple Is
not now, nor was II at any time, ever usod
for any charitable purposes Of any kind what.
soevcr. but your orator further alleges and
says that il is a building occupied and used
by the said Church Of Jesus Christ OF Latter
day Saints for the purpose of administering
certain secret rites Of the said association.
the Church of Jesus Christ OF Latter day
Saints, for gain and pront only
For Profit and Gain Only.
Your orator further alleges and shows TO
the court that the said Church OF Jesus
Christ of Latter-day Saints. which your
cor alleges. claims TO be tho beneficiary of
the sad bequest 10 snid ''Salt Lake Temple
by reason OF being the owner thereof, is
mite number Of persons engaged IN CONNER,
cial and industrial pursuits for profit and
gain only, is not n charitable institution nor
whatsoever, and is therefore incapable OF in
heriting property by law.
Your orator furthor alleges and shows 20
the court that the said attempted devise is
void for the reason that the said last will
ard testament of the said Sarah Everard at
icmpts 10 make gift OF the said residue
aad remainder OF her estate to tho said Salt
any trust 10 which the same shall be applied.
and fails 10 designate or name any trustee
capable OF taking or receiving the said prop"
c.iy.
Your orator further alleges and shows TO
he court, that tile said attempted devise is
null md void. for the reason that the said
last will oEd testament OF the said Sarah
Everard attempts 10 make gift of the said
property to tho said Salt Lake Temple"
but does not designate any charitable use
or purpose. or any purpose, Of any kind
whatsoever. 10 which the said gift shall be
applied so TINT this court could give any
'orce or effect 20 the said attempted de-
wise.
Your orator further alleges and shows to
;hc court; that innsnruch as the said devise
has failed 10 become operative, and for the
reasons herelnbeIOre set forth, rs null and
void, that a resulting and implied trust 10
The remainder and residue Of the estate OF
the said Sarah Evcrnrd. deceased, attempted
to be devised 90 the said Salt Lake ycm.
pie aforesaid has been created in favor OF
your orator. and the other surviving heirs
OF the said Sarah Eyerard, deceased, as
hereinbeforc set forth, and the title to the
of All
estate Inns descended TO and now belongs by
operation Of law TO your orator and 10 the
other surviving heirs o! Sarah Everard. de.
ceased, by reason of which your orator is
entitled by law to onc-,hird interest in and
10 said residue and remainder of said es
;ste amounting 10 the sum of ten thousand
$50, 0oo) dollars
Same Joseph F. Smith.
Your orator further alleges and shows TO
the court. iha; the said Joseph +. Smith.
who is NOW acting ono OF the executors
OF the estate OF the said Sarah Everard, is
the same Joseph +. Smith who claims to be
the trustee for the Salt Lake Temple"
mentioned in the will OF the suid Sarah
Everard., deceased: and is the same Joseph
association, the Church OF Jesus Christ Of
Latier-day Saints, which association coims
10 be entitled TO the remainder OF said estate
by reason Of its ownership Of said Salt
Lake Temple; that the said Joseph w
Nc Murrin and Henry n. Blood, who are now
acting as co.executors with said Joseph +.
smith, Of said estate, are prominent officers
and employees in the service and employ Of
soid association, the Church of Jesus Christ
of LoItcr-day Saints. and are under tho in
auence and control OF soid Joseph F. Smith
by reason Of his position as president, OF said
association. the Church of jesus Christ OF
Latter day Saints 10 such an extent that
they dare not and will not refuse his said
request and demand to transfer and deliver
,he remainder OF said estate 70 seid Joseph
+. Smith.
Prayer for setting aside of the "pre
tended devise is then made and for
3 distribution Of the estate accord.
ing to the laws of inheritance.
The bequests in the will are Of in
terest as showing the mental and reii-
glous attitude of Sarah Everard, and
are ss follows;
To Albert J. Scare of Salt Lake CITY, rJ,nb.
$500 '' ''"''
$500 = 'a"'
TO Edna Smith wife of Joseph F Smith
OF Salt Lake City. Utah, the sum OF $500
To Nephi Lowell Morris Of Salt Lake CITY
Utah, the sum OF $500.