Mormon History
Last Will & Testament of Charles Malmstrom - 1896
Salt Lake Tribune – September 5, 1896
MALMSTROM'S CURIOUS WILL.
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HEIRS MAY NOT BE MORMONS OR CATHOLICS.
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Are also Debarred from Inheritance if They Join Any
Secret Society -- Text of the Document.
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Correspondence Tribune.
Provo, Sept. 4. -- Charles Eric Malmstrom of Mapleton, declaring himself of
sound mind and body, has filed his last will and testament at the Recorder's
office at Provo, disinheriting his children in case they become Mormons,
Catholics or join secret societies. In case they do, his property goes to the
Baptist church. It is a lengthy paper. His wife is given the use of the estate
as long as she is unmarried. If she be divorced or dies, then the children, six
of whom are living, are given the use of the estate. The estate is then
described by sectional bounds. Then the will proceeds:
"And I do further direct and appoint that should any of my children, as above
named, or my grandchildren become members of the Church of Jesus Christ of
Latter-Day Saints, also called the Mormon church, or the Roman Catholic church,
or any secret oath-bound society whatever, or who aids any of them, then shall
none of those who so join said churches or said societies or who aid them in any
manner whatever, be entitled to inherit any portion whatever of my estate, real,
personal or mixed, or to which I may be entitled at the time of my death or
decease; but all of my estate in equal shares as above specified shall be given
to those of my children that do not join or aid said churches or secret
societies. That if all of my said children or grandchildren should join or aid
in building up either of said churches or societies, or aid them, then shall all
of my property, real, personal or mixed, or to which I may be entitled at the
time of my decease, be given and bequeathed to the Baptist church in Utah, or
nearest to Utah, provided such church has taken action to exclude from
membership in such church any and all who join or or belong to any of the
above-named secret societies. My estate or the proceeds thereof shall be used by
said church exclusively for the purpose to expose and work against Mormonism, by
enlightening the Mormons and other people by proving that Joseph Smith was a
false prophet; by circulating such books as "The
Mormon Portraits," by Dr. Wyl; "The
Golden Bible," by Rev. M. T. Lamb, and by publishing and circulating my
manuscript entitled, "Sidney Rigdon in the Court on the Charge of Personating
the Fictitious Angel Moroni to Joseph Smith and the Three Witnesses of the Book
of Mormon."
I further nominate and appoint the United States District Judge of Utah to
appoint an honest person as executor of this my last will and testament. And
lastly, do I protest against all and any contests against this my last will and
testament, and should any one do, or attempt to do, then that person or persons,
their heirs or administrators shall be forever barred from receiving any of my
estate, real. personal or mixed, and I further protest against any court
entering any proposition for a contest against this my last will and testament.
The document is dated July 28, 1896, and H. T., J. D. and C. A. Reynolds are
witnesses.
Note 1: The Utah History Encyclopedia entry for
Mapleton includes this tidbit of information: "Charles E. Malmstrom, a
Swedish immigrant with an Australian wife, built a home at what is now west
Maple Street, about 250 rods west of the present Mapleton City Building, and
moved in 1 December 1873...."
Note 2: History does not record the fate of Charles Eric Malmstrom's book,
"Sidney Rigdon in the Court on the Charge of Personating the (Dictitious Angel
Moroni to Joseph Smith and the Three Witnesses of the Book of Mormon." Evidently
his heirs did not spend any of their inherited money to have the manuscript
published.