Board of Regents meeting minutes, 1919-1921

Page 191

155. Salt Lake City, Utah, January 51, 1921. "Hon. W. W. Riter, Chairman, Board of Regents, University of Utah. Dear Sir: On June 5th, 1915, my father, the late Alfales Young, made a gift of Two Thousand Dollars to the University for the establishment of a library fund to be known as the 'Eliza Burgess Young Library Fund'. This sum of money was conveyed by a certain written instrument outlining the manner in which my father desired the fund to be employed, and stating that the fund was established in memory of his mother, Eliza Burgess Young, who had died a short time previously. After my father's death in March of last year, his will was found, bearing date the 5rd of July, 1913, - that is, about two years prior to the date of the gift above'mentioned, and, of course, prior to the death of my father's mother. By the terms of this will, which is now being probated in the District Court at Salt Lake City, a legacy of Two Thousand Dollars was left to the University of Utah, to be paid after the death of my father's mother, for the establishment of a library fund in her memory, to be known as the fEliza Burgess Young Library Fund'. The terms and conditions of this legacy, as expressed in the will, are substantially identical with those set out in the above mentioned instrument of gift. In view of this similarity, the surviving members of the family believe that it was not my father's intention to give two different gifts, each of the same amount, and each one for the establishment of a library fund to be known as the 'Eliza Burgess Young Library Fund'. It is our conviction thatmy father made his will containing this provision, and that later, upon the death of his mother, he decided to give the money immediately, and did so; that he thereafter forgot or neglected to change his will and eliminate this provision. We believe, therefore, that the University has already received the gift which the will purports to convey, and our conviction in the matter is still further strengthened by the fact that my father's entire estate amounted only to about twenty-three thousand dollars. As the executor of my father's estate, and wishing to e rocedure in the probate cour , I now as sim lif light the in matter the view they case in Boagd of fiegents, on have may they claim whatever waive outlined above, to behalf of the University, under the terms of my father's will.