Utley

Utley v. United States

Good Law
183 F. Supp. 758·6 A.F.T.R.2d (RIA) 6136·1960 U.S. Dist. LEXIS 5143
United States District Court, Southern District of CaliforniaMay 6, 1960No. 759/59California1,433 words

Opinion

lead Opinion

Westover, J.

M. Belle Rice of Salt Lake City, Utah, executed a Will dated April 4, 1916, under the terms of which the residue of her estate was devised and bequeathed in. trust. One purpose of the trust was the-erection of “a suitable and appropriate-memorial, arch or entrance way” at the-North or main entrance of Liberty Park in Salt Lake, Utah. With reference to-the memorial the Will provided :

A further purpose of the trust under-time terms of the Will was the erection on; *759 the campus or grounds of the University of Utah, in Salt Lake County, Utah, a building to be known as a Women’s Dormitory. The Will provided with reference to the dormitory that the cost .thereof was

M. Belle Rice died on March 24, 1924. 'The testamentary trust came into existence and has been administered through the years. Construction of the terms of “the testamentary trust was obtained in the Utah State Court, and the two charitable purpose items above mentioned remained, the decree of the court reciting the bequests in the same language em■ployed in the Will. It is with these two items that the instant action is con■cerned.

Isabelle R. Utley, daughter of decedent .and one of the heirs named in the Will of M.…

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