Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-04-19
MRS. HILTON HAS NO
CLAIM ON ESTATE
Supreme Court SO Holds in
Opinion in Famous Or.
Park Case.
RICH PROPERTY INVOLVED
Lower Courts Revcrscd--Dccrces In
Favor Of Defendants Quicting
Titles In Each Case

Holding that by her own acts she
was estopuod from entering any claim
for widows dover 10 the property Of
the late Dr. John r. Park tho supreme
court in an opinion handed down this
morning declared that Mrs. Annie r.
A. Hilton had lost her rights 20 any
claim ON the estate of Or Park under
the marriage under the rites of the
Mormon Church. by which Mrs. Hilton
claimed she had become the wife Of
Dr. Park for eternity The opinion re-
verses tho Judgment of Judge Morse NJ
the Third district court. and was writ
ten by Associate Justice j. r.. Prick
and cOncurred IN boy chief Justice u. y.
Straup and Associate Justice W. NJ.
McCarty
Tho opinion has a bearing on nine
cases which involved "a great deal Of
valuable property at the head OF State
street. and we're tried over a year ago
On Judge Morsc's court The property
was sold by Dr. Park prior TO- his death
and Mrs Hilton. by virtue of the de-
cision which recognized the legality Of
the marriage iu the Mormon Church
claimed widows dover interest In
the property thus sold. The parties af-
fected by the order OF Judge Morse.
which upheld the claims Of Mrs. Hill
ton were Robert Sloan and others.
Adolph N Anderson and others Fred
Stauner and others, Edward Bierer
and others Nellie NJ. Blair and others;
salt Lake city; Mac c. Beam
or; Elizabeth Gcoghegan and
Gideon Snyder and wife In the last
named case tho decree OF the
lower court ia set aside on
different grounds 10 the others. Judge
Morse having held in this case that
Mrs Hilton had not proved the mar
rage but had relied on the records Of
the previous cases and Judgments OF
the supreme court concerning the "ce-
lestial marriage which he refused 20
admit in evidence The supreme court
upheld the lower tribunal I'm this de-
cisiou and affirmed the judgment with
costs. The other eight cases the mar
riacc was proved and the defendants
appealed on the ground that Mrs. Hill
ton was not the widow Of Or. Park and
had never been legally married 10 him,
and that she was estopped by her own
acts before his death from setting up
any claims 10 property Of which he had
disposed
HISTORY OF CASE
The history Of the case is that on
Dec. s. 1872 Annie Armitage. who was
supposed 10 be- on her death bed. was
sealed TO Or Park as his wife Tor ctcr-
nity hv the rites of the Mormon Church.
which holds that marriages are
solemnized for eternity and not only
for time The woman recovered how
ever, and on March 10. 1873 a divorce
was obtained from the church. being
signed by both parties Or Park died
on Sept 80. 1900. In the meantime the
woman had married William Hilton
and had borne him no children. After
the death OF Dr. Park Mrs Hilton de-
mandsd her dover rights in the proper
ty Of DR.. Park by reason OF her mar
riagc 10 him on what was supposed 10
be her death bed She established her
rights and the supreme court held that
the marriage was valid and that she
could legally claim 90 be the wife Of
Dr Park. She then proceeded to claim
her dover rights I'm the property which
DR. Park had sold prior 20 his death.
and the suits above mentioned
followed, the divorce agreed 10 be-
tween herself and Dr Park being held
10 be invalid and Illegal The property
in which she claimed dover rights
amounted 20 about $4,000, aud has
increased largely In value of late
years
Z ne sup NIlIf NNNIN NNINN NAIdN N us
Hilton concealed her marriage to DR.
Park al the time of her marriage with
William Hilton, and assisted Dr Park
iu maintaining the appearance Of an
unmarried man. Tho claim of the APP
pellants that if she was permitted 10
enforce her claims 10 could only he
done by gaiusaying tho effect of her
own conduct 60 their detr.ment which
equity and good conscience forbid. is
held Co be valid plea The court
holds that there be- nothing IN the
previous cases decided Do her favor
which bore upon these cases except
the fact that the legality Of the mar
uago was upheld.
FINDINGS OF COURT
The opinion roc,tcs that Mrs. Hi
ton went under the name of Annie
Armitage prior to her marriage with
Hilton, ana later Joined boo couyeyauces
with Hilton during the lifetime of Dr
John r. Park
The supreme court does not deny the
right of Airs Hilton Go deny the legal
ity of her marriage Go Hilton aud rely
upuu her marriage tu parh, even
though she lived tor years with Hilton
and bore him children, nut holds thlt
the divorce from the Church Vh.cI
though Illegal showed that she ra4
abandoned forever ull ugIt aa Dor
Parks wife Tine purchaser off property
from Dr Park enc opinion says. had
ID right To- rely upon her conduct toward
Park. and for bier Goo prevail would boz
tu pcrpetuate a Wrpns nn innocent per-
sons That Mr. Hilton permitted Theses
innocent purchasers Zoo deal with DI
Park and purchase the property with
out protest is held Co he -uni lyl.
astoppcl from settling up amy claim Coz