Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-09-21
.EVERARD HEIRS
SEEK 70 RECOVER.
File Suit Against a Number OF
Prominent Men in the
Church.
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STRIVE 10 SECURE REQUEST
Th,rtv Thousand Dollars BcqueathcA
To the Temple at Salt Lake IS
Cause Of Legal Action.

Alongo Davis, an infant. by Ed"afo
Davis, his guardian ad litem, iliea SUI
in the district court today, 70 recover
approximately $50, 900, bequeathed to the
Salt Lake temple by the provisions OIL
the will OF the late Sarah E.verafd. Inc
defendants named In the complaint are
Joseph D, Smith, Joseph w. McMurrin
and Henry H. Blood, as executors OF
the estate of Sarah Everard. deceased;
and as individual members Of the
Church of Jesus Christ Of Latter-day
Saints, Joseph T.. Smith, Joseph w.
McMurrin, G. w. Penrose, John Henry
Smith, Orson y. Whitney, George A..
Smith, George +. Gibbs, James jack,
Henry H Blood and B. H. Roberts.
The reasons set forth in the com.
plant az to why the individuals named
are made parties to the suit are that
"The members of the association (the
Church) is large, to-wit, over 100000,
and it would be impossible to make all
the members of said association par
ties to this bill of complaint and bring
them before this court as defendants
herein The complaint then goes on
to say that the persons named have
charge of the care and management Of
the Church's religious and commercial
affairs, etc, etc.
THE REQUEST.
The complaint sets forth that
Sarah Everard died in the city OF
London. April IA, 1906, leaving pro-
perty In Salt Lake of the value OF
$46.761.S7, and personal property N
London of the alleged value of s20,-
600. Requests were made to relatives
and heirs at law to the amount of
ss11,S00. and the residue Of the estate
"as an endowment to the Salt Lake
temple, to be expended In such mans
ner as Joseph +. Smith determines"
The plaintiff alleges that the last
named device is null and void for the
reason that there is no such object.
person, association or corporation
known or designated as the temple OF
tho Latter-day Saints" 1t is then
Logan, one at st, George, and one al
Manti and that 1t is uncertain which
If any, was intended to receive SAID
devise. 1t is commended that tho
Salt Lake temple nor the temples
of the Latter-day Saints are
now or ever were places for the
worship Of God or for any charitable
purpose whatsoever; that the said
temples are closed to the public and
y
ganization, with the exception of d
small number, etc. Still another rea-
So. advanced as TO the tnyalldity OF
the devise Is that 1T creates a per
petuity by withdrawing the property
out of commerce for q period of more
than Fl years
TILE HEIRS DESIGNATED. q
The heirs at law of Sarah Everard
are designated in the complaint as fol-
lows: Edward Williams, brother.
Mary Kelly Crosby, the only child
and heir of Jane Williams Kelly, a. sis
tor; Martha. Harris, sister of Sarah
Everard; Edward Davis, this plaintiff;
Mary Davis Akin, Davis Davis. VIII
liam Davis, Hyrum Davis. Daniel Dav-
is, Sadie Davis Price, Alonzo Davis
and James Davis, who are the sur
viving children and heirs OF Mary VIII
llams Davis, a sister of said Sarah
Everard.
Judge Armstrong today appointed
Edward Davis guardian at Item OF
Alonzo Davis. as per a petition filed
today. and which was drawn before
a notary public In Willard county,
March is, 1908. The complaint filed
today was sworn to Aug, IS, 1908.