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BULLOUGH v. SIMS

No. 10039.

16 Utah 2d 304 (1965)

400 P.2d 20

GLADYS S. BULLOUGH, WINIFRED S. McDONALD, GRACE S. MALQUIST, IRMA S. HANNIBAL, CLEVELAND K. SIMS AND LOUIS K. SIMS, PLAINTIFFS AND RESPONDENTS, v. GEORGE MILTON SIMS, ELMER L. SIMS AND BEVERLY SIMS CANDLAND, EXECUTORS OF THE ESTATE OF MILTON K. SIMS, DECEASED, GEORGE A. SIMS, G. GRANT SIMS, ELMER L. SIMS, SIMS REALTY COMPANY, A CORPORATION, EVELYN B. MAZURAN, MARJORIE S. SIMS, LILLIAN SIMS AND ROBERT E. SIMS, DEFENDANTS AND APPELLANTS. GLADYS S. BULLOUGH, WINIFRED S. McDONALD, GRACE S. MALQUIST, IRMA S. HANNIBAL, CLEVELAND K. SIMS AND LOUIS K. SIMS, PLAINTIFFS AND RESPONDENTS, v. GEORGE MILTON SIMS, ELMER L. SIMS AND BEVERLY SIMS CANDLAND, EXECUTORS OF THE ESTATE OF MILTON K. SIMS, DECEASED, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

March 17, 1965.

Attorney(s) appearing for the Case

Pugsley, Hayes, Rampton & Watkiss, Salt Lake City, for appellants.

Earl D. Tanner, Salt Lake City, Edward M. Berol, San Francisco, Cal., for respondents.

CALLISTER, Justice:

George H. Sims founded a company known as Salt Lake Transfer Company. He had nine children and brought his two oldest sons, George A. and Milton, as partners into the business. George H. held a 60 per cent interest in the partnership and the two sons 20 per cent each. Profits were to be divided one-third to each.

On April 2, 1932, two days before his demise, George H. conveyed by bill of sale his partnership interest to his nine children...

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