The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-18
JUDGE DIVIDES
A. 0. j. ". MONEY
Court Holds That Cash in Re-
ownership Must GolPro Rata
to the BenefiCiarieS.

Judge J. A. Howell yesterday handed
down a decision in the case of William
HarcOmbe VS.. Margaret Edwards ct al,
defendants and Frank Croker ct al
intervenOrs. which had been before the
court since last fall and shortly after the
grand lodge of the Ancient Order of
United " orkmen for Utah, Idaho and
Wyoming was dissolved. The amount in
VOWED or which was claimed to be due
on insurance policies which the organiza-
ton Vas unable TO pay aggregated 80
S-9.H- 1t was 70 determine whether the
beneficiares of those who died first
should be paid the full amount and in this
way pay the claims as far as the money
would go or TO divide the amount on hard
equally on a pro rata basis between all
of the claimants. The courts ruling is
in accordance with the latter contention.
The grand lodge of the states of Titan,
Idaho and Wyoming went out of eXls-
tence on Nov. /. 1906. and a receiYershi2
was ordered by Judge Howell on applic;t-
sion by the grand receiver. Money on
hand amounting to 30.465.01 was turned
over to the county treasurer by order of
the court
After reviewing all OF the contentious
in the case, Judge Howell held:
THAT the persons named on the tab
ulated list hereto attached as the bene-
tlciarieS Of the deceased members whose
names appear on said list are entitled
out of the funds now in the hands of the
county treasurer, in pursuance of the or
der of the court to the amounts set OpDo-
site their names, and if. after the find-
lngs of fact, conclusions of law and de-
cree are made in accordance Herewith. no
appeal therefrOm be taken. the said coun-
~ treasurer Is authorized and directed to
pay out the moneys in his hands the said
sums to the said beneficiaries, or their
attorneys of record, taking receipts for
the same. except that he is directed TO re-
tain in his hands until the further order
of the court the sum of 1904 81. the amount
TO which the beneficiaries of James ".
Pitts are entitled. until such time rs he
court shall determine 10 whom tho said
sum shall be paid among the vSriOus
claimants thereto namely, Laura A.
Pitts. Frank Croker julius Doebler,
Louis Messer. J. Beattie and Louisa Mills. /
He is directed also to retain in his hands
the sum Of 500. the amount to which the
henefciaries of George w. Gillespie are
entitled. they being minors and having
no general guardian; also the sum of
1858. the amount to which the bene-
fiCiaTies of William McGregor are en-
titled, they being minors and having no
general guardian: and the sum of s64125 /
the amount to which Helen c.. Edward J. |
and Harry Morris, beneficiaries of Rich |
ard G. Morris. are entitled, they being !
minors and having no general guardian |
Charles E Emery, insured for s2000; |
Laura A. Emery, $685..
William 7. Edwards. insured for 81 /
lS2. 81. beneficiary, Margaret Edwards. /
sS2S 16.
"P- H Fitzmaurioe. insured for 5000: /
y.
Marie FitzmauTice; Lawrence Seaman, /
guardian. SSS5.
John Baker. insured for $1,000; bene- /
'iciary. Dora Kohl 1885.
j. y. Scott, insured for 5000; benefit 1
e;ary. Bessie \. Scott, $3.50
Richard c. Morris. insured for 5000: /
David r. Morris; Moroni |
Skeen, guardian, S2l375; Helen c.. Ed /
ward J. and Harry Morris. beneficiaries; |
E. II. Reed. guardian; Moroni Skeen, |
ad Item, S64l.21.
James W. Pitts, insured for 81, sS2.6 |
Laura A Pitts. beneficiary; Frank Crock /
ar assignee: julius DOebleT. garnishee; |
Louis MesseT. J. Beattie and Louisa Mills, /
SS04Sl
Morgan sE. James, insured for 81. So 90;
Naomi James, deceased, beneficiary; y.
R. Haywood. administrator, S796.26.
Frank Atkinson, insured for 5000;
Florence Atkinson, beneficiary, 1855.
John Saltenberger, insured for 5000;
Augusta Saltenberger. beneficiary, 1855.
"E. P. Maxim. insured for $1,000; Alice
Ma kim. beneficiary. $3.50.
Patrick Cavanaugh. insured for 5000;
Margaret y. Cavacaueh, beneficiary.
S55.
John Wears. insured for 5000; Robert,
eliza beth and Jane Wears (of age, John
md Mary Wears minors, beneficiaTies; |
William Sheldon. guardian, $500
John r. Thomas. insured for s2,OOc;
Melissa Thomas, beneficiary, $3.50.
John j. COrby. insured for 5000; Eliza
4. Corby, beneficiary. $3.50.
George w. Gillespie, insured for s.
90; Robert and Leo Gillespie, minors, |
!. n. Kimball. guardian ad litem $3.50.
IN. r. Davis, insured for Sl.661.40; JO-
ephine NJ. Davis, beneficiary. $3.50.
Louis Leasing, Insured for 5000; Han
" Leasing. beneficiary, $3.50.
'Nels n. Olsen. insured for $1,000; Ma
Ida Olsen. beneficiary. $3.50.
John H. Clark insured for 81 900; Mary |
I. Clark. beneficiary. $3.50.
william II. O'DOnnell. insured for g.
%; Mary ODonnell. beneficiary, $3.50
william McGTegOr, insured for $3.50;
Trella A. Agnes Mary. Arbie May and
Arthur McGregor, beneficfaries Sl66. 73
William II. Ber1 EFT, insured for 5000;
elsie Berrett. beneficiary. $3.50.
Arthur Smith. insured for 5000; Lon.
Helen, Hazel and Gladys (neces). ben
ficiaries. S42150: Mary \. Smith. bene-
iCiary. S427.50.
Amount of insurance. SO q29 %; amount
o he paid TO beneficiaries. S19.63473
"Out of the remaining moneys in his
ands. the treasurer is authorized and
Erected to pay the sum of 500 TO Ma
innis & Corn and John E. Baeley. as
ees of the attorneys for the plaintiff
aking their receipt for the same the
um Of 30 cents 10 the Allen Transfer
for transporting the books of
he defendant grand lodge to the clerks
ffice. and the sum of S5OS to Miss Sarah
hipley and Miss Nellie McWhinney for