The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-09-27
HOME FOR AGED IS
ASSURED SALT LAKE
Controversy Over Will of
Mrs. Sarah Ann Daft Set
tied by Court.
LEGAL KNOTS UNITED
Big Fund Available by Reason
of Work of Club
Women
LEGAL KNOTS UNITED

Through yesterdays legal adjustment
of the controversy between the executors
and the cXecutriX of the will OF Mrs
Sarah Ann Daft who died In this city
September 2S 1906. leaving an estate
valued at more than Sl50,000. Salt Lake
has become assured Of the establishment
OF "The Daft Home" an institution for
tho aged. infirm and blind OF both sexes,
for which "A fund OF between $4,000 and
$50, 900 was allowed In Mrs. Dafts last
Will and testament. The differences which
deferred action and made the establish
ment OF the homo In the near future un-
certain, were settled yesterday, when
Judge r.. G. I.oofbourow OF the Third
district court issued an order that the
home be established as provided In the
win. allowing the designated fund TO be
expended for that purpose under the CO.
operative supervision OF Its trustees and
the Sarah Daft Home association. a body
Of prominent club women who recently
organized TO found n similar home
Provisions Of VIII.
In Mrs. Dafrs will. Miss Eva Fleming.
now Mrs. Eva Fleming Marks. was des-
ignated as executrlx, while Charles II,
Jenkins, ]. ID, Lyon and Elmer r. Jones.
were designated as executors. OF the to-
tai value OF the estate. more than $lOO.OOo
was bequeathed to II great many oenc-
hcaries In varying sums. the balance be
Ing set apart to provide q IuDd for the
founding and maintenance OF The DAFT
Home" This was TO be done such
time as the executors and eNecuiriN
should realize sufficient money from the
estate for the purpose.
The management and control or the
fund was TO be given Into the hands OF
three trustees 10 be appointed by the eX-
ecutors and the rxecutriX and to act with
out compensation. These trustees. ac-
cordug To the will. were 10 act only with
the approval and consent of the attor-
ney. Elmer b. Jones.
The viii was admitted 10 probate and
the appointment OF the executors and
eNecutrix was confirmed by the court
Mrs Marks, Jenkins and Lyons were then
appointed before the court as trustees ~
the matter OF the fund for the Daft home
Thereafter. the settlement of the estate
was made according 10 the VIII, with the
exception of the fund for the home,
which apparently proved "A bone Of con-
tention among the trustees and Jones.
In the meantime. prominent club WON
en- had met to launch movement toward
The establishment OF similar homo. a,
Mrs Daft had wlled fund from her
estate for such purpose. and com
mittce was appointed to confer with The
three trustees OF the Daft fund To see II
one purpose without legal entanSlement.
Trustees Disagree.
Mrs. Marks favored the scheme. but the
other trustees, although agreeing thai
the time for the establishment Of the in
stitution was at hand. contenaed that the
method was not In accordance with the
provisions Of the will. il Is said. The en-
tanglement grew until about a year ago,
when Mrs. Marks tlled petition In the
probate court asking tho court to as
,l,. i've iSiTf In, he 1Il
ter Jones filed an answer. admitting the
facts in the petition, also asking. as did
Mrs. Marks. Jenkins and Lyons as a
defense contended that the law OF Cyprus
should apply. meaning that the fund
should be used for "the next best pur-
pose approaching the original design
BY that time the club women con-
cerled organized the Sarah Daft Home
association. with membership of sew
cnty five prominent women, who are said
to represent ii backing In round figures
titioned the court agreeing to use the
fund for the intended purpose under tho
direction OF the three trustees.
The probate court at length granted the
petitions and by his order OF yesterday
Judge Loofbourow DEGREES that the home
shall be established in accordance with
the will, while the trustees agree To eX-
pend tho fund in connection with the
Sarah Daft Home association, thus COM
bininG the two moves. while not opposing
the designs OF the will, In the founding
Of the home and Its maintenance. Mrs.
Marks Jenkins. Lyon and Jones will CO.
operate with the association. the officers
of which are as follows Mrs Hal Brown.
president; Mary Gilmer. first Vice presI-
dent; Mrs. c. II, Mcmahon second vice
president; Mrs r. G. McNiece. third vice
president; Mrs. NJ. Il. Whitney. treasurer.
and Mrs Charles Peet. secretary. The
authenticity of these facts was sub
stantiated last night by Mrs. Marks.
The will bequeathed to each OF The
executors $500 and the same amount to
Mrs. Marks, who received an additional
bequest OF $4,000 SiNty-three other in
diVidual benehciaries were named each
OF whom received from 800 10 $4,000. To
Joseph r. Smith. as trustee In trust of
the Mormon church. $4,000 was bequea thed
as perpetual fund TO be used In connec-