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

ESTATE WAS LEFT BY
HIS SISTER OF LONDON
Sarah Eyerard Cut Off Her Own
Family; Was Generous to
Ecclesiastical Chiefs.

Suit to test the validity of bequest
to the "Salt Lake Temple" was filed
yesterday in the Federal court by Ed
ward Williams of Beaver. Utah,
through his attorneys, w. F. Knox OF
Beaver, Fred T. McGurrin and A. J.
Weber of this city.
The action, which is one of the most
unique and interesting ever brought in
q Utah court, involves the bulk of the
$4,000 estate left by the late Sarah
Everard, who died in London, England,
April Ia, 1905
Mrs. Everard left will, by the
terms of which generous bequests, ex-
ceeding $4,000, were left to Mormon
missionaries, while the immediate
members Of her family were cut off
with beggarly pittance.
All the residue of the estate, amount
ing to about $4,000, is left to the
''Salt Lake Temple, - TO be used in such
manner as Joseph Z. Smith, hierarch
of the Mormon church, may determine.
The plaintiff, Edward Williams, is a
brother of the decedent. He brings the
action in behalf of himself and other
surviving heirs at law. 1t is not sought
to disturb the bequest to the Mormon
missionaries, and to the wives, polyga-
NOUS or otherwise, unjust as these may
seem from the standpoint OF family
ties. But the gift TO the "Salt Lake
Temple" is attacked upon divers
grounds, which raise questions never
before at issue IN a similar case In
Utah,
What Complaint Sets Forth.
1t is set out in the complaint that
there is no such building, object, cor
poration or association as the ''Salt
Jesus Christ of Latter-day Saints,
which owns temple in Salt Lake, is
voluntary association, organized for
mutual advantage and profit, and en-
gagged in commercial and industrial en-
terprises.
It is alleged that the attempted de-
wise to the ''Salt Lake Temple" is
null and void for the reason that it
creates perpetuity by withdrawing
the property from commerce for n pc
riod of twenty-one years: that the said
''TempleH is not possessed of testa-
mentary capacity, that the churcl:
which claims to be the beneficiary of
the beguest to the ''Temple" is not a
charitable association, nor engaged in
any works of charity
As defendants the plaintiff names Jo-
seph F. Smith, Joseph w. McMurrin
and Henry H. Blood, as executors OF
the estate of Sarah Everard, deceased
Joseph +. Smith, Joseph W, McMurrin,
C, w. Penrose, John II. Smith, Orson
r w NlluSNy NeOTec "a oHllln. NepIRe
F. Gibbs, James Jack, Henry II. Blood
and B. H. Roberts
After reciting the facts as to tho
leaving of the will its terms, the value
of the estate, the appointment of the
executors, and the relationship of the
plaintiff to the decedent, the complaint
says:
Further Allegations.
Your orator further alleges and shows TO
tho thnt hv rho and provisions
OF tho will of the said Sarah Eversrd. she
mado boqucsts TO large number Of per
sons, other than her said relatives and heirs
at.law above set forth isnid persons be
ing fully mentioned and described In said
wilD, said bcqucsts amounting in all to the
sum of eleven thousand eight hundred
s1l, l,5o0.oo) dollars. That after said be
quests shall have boen paid i'll full by the
executors of said estate. and after paying
tion upon said estate, and all OF the claims
md demands which or may accrue
against said estate. the remainder and residue
Of said estate will amount to the sum OF
thirty thousand $3.50, 00O,0o) dollars.
Your orator further alleges and shows 70
the court that the Said Sarah Evcrard, in her
last will md testament, after making and
providing for the bequcsts last above named.
attempted TO devise and boqueath oil Of the
amounting TO the sum of at least thirty
thousand ts3o,o0o.ool dollars, ms SIT to
wha, is designated and described In said will
as the salt Lake Temple.
Your orator further alleges and shows 10
tho court tha, there is no such building. ob'
ject corporation or association known os
The Salt Lake Tomple, existing in the State
OF Utah; hut your orator snys that there Is
in the city OF Salt Lake State of Utah.
certain building belonging TO association
OF persons hereinafter mentioned. known and
designated as tho Church OF Jesus Christ
of Lu,tor.day Saints. which said building
is known and designated as the Temple OF
The Church of Jesus Christ OF Latter-day
Saints.
Engaged in Commercialism.
Your orator further shows that the said
Church Of Jesus Christ of Battcr.day Saints
was nj tho time OF the making OF the said
will horein mentioned and over since said
time has been, and still ia, voluntary
association OF persons organized for mutual
advantage and profit and engaged in various
commercial industrial and business enter
prises That the membership in soid asso.
citation, the said Church of jesus Christ Of
Latter. day Saints, is large, to.wit; over 500
0Oo and your orator therefore alleges the
fact 10 be- that it is and would bo impcS'
sible mako all the members OF said asso-
citation parties to This bill of complaint
and bring them before this court as de-
PENDANTS to this cnuse Of action,
Your orator further alleges and shows %
the court that the defendants, Joseph