The Morning examiner. [volume] (Ogden, Utah) 1904-1910, 1910-05-01

love lcttor promising all OF ones
earthly possessions TO the woman
soon 10 be taken as a bride is not a
will. decides the supreme court in
an opinion handed down yesterday in
Affirming Judge John F.. Booth Of the
Fourth district court In the contest OF
thc will of John Jensen. who died at
Dragon last year.
Tho suit came before the supreme
court on appeal by Millie Green.
fiancee OF Jensen, who filed the love
letter for probate and was denied
this right. She claimed the letter TO
be the last will and testament OF Jen-
sen. but Judge Booth refused TO nd-
NIT IL. The action was directed
against Jens Jensen. brother OF the
decedent. who was made admInistra-
tor OF the estate Justice j. z. Frick
writes the opinion OF the supreme
court. Affirming Judge Booth. and is
concurred in by Chief Justice d. y.
Struup aud Justice w NJ. McCarty.
Promise In Letter.
The Intention OF Jensen TO later
mako Miss Green his beneficiary Is
set forth in the letter. written short
ly before the death OF Jensen at ORA
Gon. Uintah county, but this is not
held 10 be Will. Excerpts from the
letter TO Miss Green read as follows:
John Jensen & Co. Dealers In Min
crs and Ranchers' Supplies.
Dragon. Utah, Jan. &c. 1909.
MY Dear Mile: / had just writ
ten letter TO you when | received
your most interesting letter | ever
got FROM you. am glad to hear that
you favor our union this spring. Yes.
my dear Mile. we VIII try TO get our
union sealed as soon as we c1n.
need you here and | want you here
10 comfort me and be helpmate to
me. and that We both may be benc-
ftcd and blessed. (Thls is a klss)
II am surprised to sec your thoughts
correspond with mine. You need not
worry about your travel across the
country. I Will come and get YOU, and
VIC viii 20 right on 10 Salt Lake and
back to Dragon and never mind the
reception: We Will have that some
other time. I appreciate your senu-
ments and | am fully In sympathy
With them, as ] am with NIL you pro-
nose, but VIC must economize as much
as we can. We arc not millionaires,
and you and | must live. and so we
will make things match as much as
We can. and when We get we'll of then
we Will spread II on (do you see).
Makes Her Beneficiary.
Sweet Mile, do not know II you
Ike this or not, but / think you are a
Sensible girl.
II will make you my sole heir.
whether VIC get married or not, and
t. nd n~1 r.
ried | Will make you my legal heir.
but ] hope that | will enjoy your
company and association before that
Now. this is only talk. | don't expect
TO die, but ] am just telling you what
] mean If We were together we
could talk all this thing face to face
| will be over there some time this
spring. will let you know later
and we will arrange things. We may
get married IN Vernal. and then go TO
Salt Lake.
"You shall not think that those
post cards are OF any consequence. II
was only TO show you Dragon from
different points. We don't want to
stay here all our lives. but We Will
stay here till we can do better or
worse / like TO make few dollars
and go in the chicken business.
God bless you, my dear Mile.
From your loving John"
The supreme court says that only
In one place was there anything
which might at all be considered AS
leaving a viii and declares that II this
had been the intention Of Jensen, he
would have made some mention OF
the property left The love letter Is
therefore discarded as a possible VIII
and not allowed to be probated.