More Donaldson Pictures

Scanning and working through the photos of Dave & Betty Donaldson continues to be a gold mine. While many of the photos are more routine or mundane, once and a while a few pop up that are an insight into the past we did not previously have. Here are some of those photos. I hope there are even more yet to be found.

Dave Donaldson

Likely in southern California, Dave looks like a young teenager. Dave was born in 1928, I guess he is about 12-14 in the photo.

Maxine, Gladys, Dave, Dena and Dora Donaldson

This photo is fun as it shows a glimpse into the young Donaldson family kids. I don’t have many photos of my Grandma Gladys and every extra one gives more reality to her childhood. Dave was born in 1928, I am guessing he is about 7 or 8 here. Even though Dena and Dora are twins, you can tell they are not identical. I still cannot tell them apart though. I love the wallpaper advertisement in the back ground. It looks like the boonies, but close enough to town to have a large sign advertising wallpaper.

“family Long Beach Calif 1932”

What is the Donaldson family doing in Long Beach, Los Angeles, California in 1932? What is the occasion? Who were they visiting? The neighborhood looks nice. They are dressed nice too.

Dave & Betty Donaldson in Jackson, Wyoming

It looks like a fun ride, but Betty also seems to be holding on extra tight.

Young Milo Ross

This photo is a bit of an enigma to me. I believe this is a pre-war Milo Ross. I haven’t seen this photo before. But why would Dave & Betty have it in their possession, how did they get it if it predates my Grandma Gladys? The hat is similar to some other photos I have seen.

Milo Ross planting
Milo Ross with planter

You can see both of these two photos have Grandpa with probably the same hat. The last one, with the horse in the field, probably dates this into the 1930s. I don’t know how to track down that planter and date it. But I am guessing late 1930s, maybe early 1940s.

Here is another with the same gun.

Milo Ross with gun
John Telford, Jan Birch, Richard Michaelson, Milo Ross

This photo was a delight. Another young photo of my Dad with his first cousins. I am guessing he is 6 or 7, so about 1950-1951.

My Great Grandma Berendena Van Leeuwen Donaldson with Eddie, Irene, Mary, and John Telford
Dena Michaelson and Berendena Donaldson at Will Rogers house (that I believe burned down in 2025)
Dena Donaldson and Dena Michaelson at their home in California. Interesting partial reflections in the water on the sidewalk.
David Donaldson and friends in San Francisco.

This photo appears to be a postcard of sorts. Here is the back of it.

The back gives us more information. The date – 11 December 1917. Taken at 225 Market Street, San Francisco, California. Jack and Byron both appear to have signed their names, but the rest of the writing is David’s. David and Jack are from Ogden, Utah. Byron is from Evanston, Wyoming. I don’t know which is Byron and which is Jack. I also cannot tell Jack’s last name and have been unable to locate something that matches. Kielman? Kiefman? Kilfner?

I located Byron Powell, born 21 July 1894 in Winters Quarter, Carbon, Utah and died 12 September 1957 in Ogden. Byron registered for the military draft in Uinta County, Wyoming, which includes Evanston in 1917-1918.

Dena, Dave, Dora, Maxine, David inside vehicle, and Gladys Donaldson on a trip

Again, I don’t know for certain which is Dora and which is Dena. But another fun photo of my Grandma I did not have before.

I don’t know where this photo is from, but I believe it is somewhere in southern Utah. Probably near or in Zions National Park.

Plain City Takes Titles in Baseball

I hope some day to find a better copy of this newspaper clipping.

Back (l-r): Ben Van Shaar, Ervin Heslop, Ellis Stewart, Kenneth Taylor, Don Gibson, John Reese; Middle: Frank Hadley, Howard Wayment, Wayne Rose, Ray Charlton; Front: Keith Hodson, Howard Hunt, Wayne Carver, Lyle Thompson, Milo Ross

Presenting the City-County Baseball Champions… Plain City junior diamond athletes romped away with the county title for 1937 and walloped Lewis junior, Ogden city champions, in a title city-county event last week.

Wayne McLean Carver, athletic manager (1923 – 2015)

Ray S Charlton, second base (1920 – 1991)

Don Hipwell Gibson, catcher (1920 – 1975)

Frank Howard Hadley, third base (9121 – 2008)

Ervin George Heslop, center field (1921 – 2017)

Benjamin Keith Hodson, center field (1920 – 2010)

Howard Hunt, right fielder (1921 – 1944)

John Major Reese, principal (1896 – 1976)

Wayne East Rose, first base (1921 – 2017)

Milo Ross, pitcher (1921 – 2014)

Ellis Wayment Stewart, shortstop (1921 – 1940)

Kenneth Paul Taylor, right field (1922 – 1996)

James Lyle Thompson, left field (1921 – 1999)

Howard George Wayment, left field (1922 – 2001)

Bernard Henry Van Shaar, coach (1909 – 2001)

In re Sprague

Decision: In re Jarred A. Sprague and Elizabeth J. Sprague, Case No. 12-41099-JDP (Bankr. D. Idaho, 18 December 2013)
Judge: Honorable Jim D. Pappas, United States Bankruptcy Judge
Counsel for Debtors: Paul Ross, Idaho Bankruptcy Law, Paul, Idaho
Chapter 13 Trustee: Kathleen A. McCallister, Meridian, Idaho
Trusteeโ€™s Counsel: Alexandra O. Caval, Meridian, Idaho


Background

Jarred and Elizabeth Sprague filed a Chapter 13 petition on 2 August 2012. Their plan was confirmed on 12 October 2012, and the bar date for non-governmental creditors to file proofs of claim passed on 3 December 2012. Under Federal Rule of Bankruptcy Procedure (โ€œFRBPโ€) 3004, the Debtors or Trustee had an additional 30 days โ€” until 2 January 2013 โ€” to file a proof of claim on behalf of any creditor that failed to do so.

The debt at issue arose in May 2009, when U.S. Bank closed Ms. Spragueโ€™s bank account after a scam check deposited into the account bounced. Neither U.S. Bank nor its collection assignee, National Law Group (โ€œNLGโ€), reported the resulting deficiency to any credit reporting agency, and neither contacted Ms. Sprague after the account was closed. When the Debtors compiled their bankruptcy schedules, they relied heavily on their credit reports โ€” which showed no debt to U.S. Bank โ€” and the obligation was omitted entirely from their filings.

In August 2013 โ€” more than a year after the bar date โ€” NLG contacted Ms. Spragueโ€™s employer seeking to collect. Upon learning of the omitted debt, the Debtors promptly amended Schedule F to list U.S. Bank and NLG as creditors, served them with notice of the bankruptcy, and filed a motion to enlarge the time to file a proof of claim on their behalf under FRBP 3004 and FRBP 9006(b)(1).


The Trusteeโ€™s Objection

Trustee objected on several grounds. First, she argued the Debtors had not met the โ€œexcusable neglectโ€ standard required under FRBP 9006(b)(1) to justify enlarging the FRBP 3004 deadline after its expiration. Relying on In re Schuster, 428 B.R. 833 (Bankr. E.D. Wis. 2010) โ€” the only reported decision she could locate addressing this precise issue โ€” the Trustee argued that the Debtorsโ€™ reason for delay was insufficient, as the account closure in 2009 should have put Ms. Sprague on notice that a claim might exist.

Second, the Trustee argued that granting the motion would prejudice the existing pool of unsecured creditors, who held approximately $37,894 in claims and whose pro-rata distributions would be reduced by the addition of a new creditor more than a year into the plan. She further contended that the omitted creditor itself would be prejudiced because its debt would be discharged upon plan completion โ€” a result she argued was impermissible under 11 U.S.C. ยงยง 1328(a)(2) and 523(a)(3), which exclude from Chapter 13 discharge debts that are neither listed nor scheduled in time to permit a timely proof of claim.


The Debtorsโ€™ Brief

Debtors filed a detailed brief through their counsel addressing each of the Trusteeโ€™s arguments.

On the procedural question, Debtorsโ€™ counsel confirmed that FRBP 3004โ€™s deadline, unlike FRBP 3002(c)โ€™s creditor bar date, is not enumerated in FRBP 9006(b)(3)โ€™s list of deadlines that can only be extended under their own specific conditions. FRBP 9006(b)(1) therefore applies, and the Court may enlarge the FRBP 3004 deadline upon a showing of excusable neglect.

On excusable neglect, Debtors distinguished Schuster on its facts. In Schuster, the debtor had purchased appliances on credit โ€” physical items that provided tangible, ongoing reminders of an unpaid debt โ€” yet still claimed to have forgotten the obligation. Here, by contrast, the Debtors had no collateral, no invoices, no collection contacts, and no credit report entry to put them on notice. Ms. Sprague did not merely forget a debt she knew existed โ€” she was genuinely unaware that any debt was owed. Upon learning of it, she and her husband acted immediately. Debtorsโ€™ counsel also identified three unreported decisions from the District of Utah in which courts had granted similar enlargements under comparable circumstances.

On the Trusteeโ€™s standing to seek a non-dischargeability determination, Debtors argued that the Trustee lacked both constitutional and prudential standing to raise a dischargeability objection on behalf of a specific creditor. Dischargeability is a particularized right belonging to the individual creditor, not a general estate matter the Trustee may assert.

On dischargeability itself, Debtors argued that ยง 523(a)(3) would not apply if the Court granted the enlargement. If the time to file a proof of claim on behalf of NLG were enlarged under FRBP 9006(b)(1), the claim would be deemed timely filed under FRBP 3004, included in the planโ€™s pro-rata distribution to general unsecured creditors, and โ€œprovided forโ€ under the plan within the meaning of ยง 1328(a). The harm ยง 523(a)(3) is designed to prevent โ€” a creditor being denied both payment and discharge โ€” would not exist.


The Courtโ€™s Ruling

Judge Pappas granted the Debtorsโ€™ motion in its entirety. Applying the four-factor equitable test from Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, 507 U.S. 380 (1993), the Court found that each factor weighed in the Debtorsโ€™ favor.

On prejudice, the Court found the impact on other unsecured creditors to be minimal. The omitted claim was approximately $1,500 in a pool of roughly $37,894 in unsecured debt โ€” a modest reduction in pro-rata distributions that no creditor had objected to. As for the omitted creditor itself, the Court found it would actually benefit from having its claim filed and paid, rather than being left entirely outside the plan.

On the length and reason for delay, the Court found the delay understandable and outside the Debtorsโ€™ reasonable control. The creditor had made no contact for over four years, reported nothing to credit agencies, and provided no basis for the Debtors to know the debt existed. Upon learning of it, the Debtors acted promptly.

On good faith, the Court found no basis to question it โ€” a conclusion the Trustee herself did not dispute.

The Court also expressly disagreed with the Trusteeโ€™s dischargeability argument, declining to follow Schuster on that point. Because the Court was enlarging the time to file a proof of claim under 11 U.S.C. ยง 501(c) and FRBP 3004 and 9006(b)(1), the creditorโ€™s claim would be treated as timely filed. The Court doubted that ยงยง 1328(a)(2) and 523(a)(3)(A) compelled a contrary result under those circumstances, though it declined to rule definitively on the discharge issue as it was not formally before it.

The Order gave the Debtors fourteen days from 18 December 2013 to file the proof of claim for U.S. Bank.


Why This Matters

1. FRBP 9006(b)(1) can enlarge the FRBP 3004 deadline. Unlike the creditor bar date under FRBP 3002(c) โ€” which is expressly restricted from enlargement except under its own terms by FRBP 9006(b)(3) โ€” FRBP 3004โ€™s debtor/trustee claim-filing window is not enumerated in FRBP 9006(b)(3). Courts therefore retain discretion to enlarge it upon a showing of excusable neglect. This is a critical distinction practitioners must understand when an omitted creditor surfaces mid-case.

2. Excusable neglect is highly fact-specific. The contrast between this case and Schuster illustrates how much the reason for delay matters in the excusable neglect analysis under Pioneer. A debtor who genuinely lacked knowledge of a debt โ€” with no collateral, no billing, and no credit report entry โ€” is in a materially different position than one who simply forgot about a known obligation.

3. Acting promptly upon discovery is essential. The Debtorsโ€™ immediate response โ€” amending their schedules, serving the creditor, and filing the motion โ€” was central to the Courtโ€™s good faith finding. Delay after discovery would have significantly weakened the equitable case for enlargement.

4. The Trustee lacks standing to raise dischargeability on behalf of a single creditor. A Chapter 13 trustee does not have constitutional or prudential standing to seek a dischargeability determination on behalf of a specific creditor. That creditorโ€™s own silence โ€” it filed no objection โ€” reinforced the point.

5. Timely filing cures the ยง 523(a)(3) problem. Where a court enlarges the FRBP 3004 deadline and the debtor files a proof of claim on the omitted creditorโ€™s behalf, that claim becomes timely for plan purposes. The debt is then โ€œprovided forโ€ under ยง 1328(a), resolving the non-dischargeability concern under ยง 523(a)(3). Inclusion in the plan is the better outcome for all parties.


Full Decision: Available on PACER, Case No. 12-41099-JDP, Doc. 54 (Bankr. D. Idaho 18 December 2013)
Order Granting Motion: Doc. 55 (Bankr. D. Idaho 18 December 2013)

David & Sarah Buttar

Hiram, Amanda, James, and Aliza Ross at the grave of David and Sarah Buttar in Clarkston, Utah – August 2021

I moved this this history moved up in my list because I know two other descendants of David and Sarah Buttar who live near us. My wife and children are descendants of David and Sarah Buttar’s daughter, Emma Jane, who married David Crompton Thompson.

Amanda and Hiram Ross at the graves of David and Emma Thompson in Clarkston, Utah – August 2021

There are a couple of histories out there for David and Sarah Buttar. They seem to descend from a common history. There are a couple of differences and disputes, which I will point out.

David Buttar was born 2 December 1822 in Perthshire, Scotland to Donald Buttar and Elspeth Rattray. Some family records give Elspeth another first name of Betheah, but no contemporary record provides such a name. Although through the years, she was referred to as Betty. Some of the Buttar family records show the name. Her parents did not provide it on official records and she did not use it in her life for official purposes.

No contemporary record gives David’s birth location. He was christened 12 December 1822 in Rattray, Perthshire, Scotland. Family records show him as born in Blairgowrie, Perthshire, Scotland. His death certificate, the information coming from his surviving spouse, Sarah Keep Buttar, gives this location too.

Donald, Davidโ€™s father, was a tailor by trade. Both Donald and David apprenticed to become shoe makers. David followed the shoe maker trade in both Scotland and in the United States. David was brought up in a religious home. He was also musical playing the bellows on the local Presbyterian Churchโ€™s pipe organ and the flute for the choir. His father, Donald, died at the age of 83 when David was 12 years old.

On December 14, 1848, at the age of 26, David married Margaret Spalding in Blairgowrie, Perthshire, Scotland. On 19 January 1851, David was baptized a member of the Church of Jesus Christ of Latter-day Saints. Margaret was baptized a few months later on 27 June 1851. David was ordained a priest in 1854. In February of that same year, David left Scotland for America with his wife and their four small children: Marjory, Meek, Bethea, and David. While at sea the youngest child David, who was an infant of seven months old, died and was buried at sea. The journey by sea to America from Scotland took seven weeks and two days.

David and his family traveled across the plains by ox cart with the Taylor Company. Sarah’s history is shared below that includes stories of crossing the plaints. While on the plains, cholera erupted amongst the company and David became very ill and nearly died. It took him some time to get over the effects of cholera. David and his family had to walk most of the way to Utah. One day while gathering firewood, David did not notice that among the wood he had also picked up a rattle snake and carried it back to camp. It was only when he put the wood down on the ground that he realized he had carried the snake without being bit. At another time David experienced another sobering moment after sleeping the night in a bed he had made under the wagon. The next morning after dressing himself and rolling up his bedroll, he discovered that a rattle snake had curled up inside his bedding during the night and he had slept in!

The family arrived in Salt Lake City in the fall of 1854. They lived in Salt Lake City for five months where David worked as a shoemaker for a Brother Samuel Mellener. David then moved his family to Lehi, Utah. After moving to Lehi, David continued working for Brother Mellener. David did not have a method of transportation and had to walk from Lehi to Salt Lake to pick up leather for his shoes and return the finished shoes to Brother Mellener. There were times when he was able to secure a ride to Salt Lake. After a few years, David was able to raise some calves that, once grown, were able to supply a team of oxen for transportation. In Lehi the family lived in a mud house with a dirt floor. David also began to farm in Lehi. In the year 1856, all the crops in Lehi were eaten by grasshoppers and the family had no flower. Because of the flour shortage, bran bread was made.

In August 1863, Margaret died while in childbirth leaving David with six small children. The oldest girl was only fourteen years old and the baby, Margaret, was five days old. Baby Margaret died two weeks after her mother and was buried in the Lehi cemetery. David experienced sad, hard times and, having no family nearby to assist him with the children. Four years later on 16 December 1866 he married Sarah Keep Francis. Sarah had previously been married in England, but had left her husband behind before coming to the United States. Sarah had a daughter of her own, Lucy Ann Francis, who David always regarded as his own daughter. On April 16, 1868, a daughter, Sarah Isabell, was born. Sadly, Sarah Isabell died on June 16th. Sarah Isabell was buried in the Lehi cemetery.

In October of 1868, the family moved to Clarkston in Cache Valley of Utah. David was ordained an Elder that same fall. Upon arriving in Clarkston, David built a two room log house in the Clarkston Fort. In 1870, David moved from the fort and built another two-room log home on the north side of Clarkston near his farm. He raised cows, horses, sheep, pigs, and chickens on their farm.

Buttar home north of Clarkston, Thomas James in front of the house, David Alexander next to the right, then James Joseph, then David, then Emma Jane, Sarah, and Mary

In 1870, David and Sarah built a large, white framed house for the family. The two-story home had a porch on the front, three dormer windows on the second floor facing east, and two dormer windows facing south with a veranda below. It was a large home for the standards at that time. It was a beautiful home that overlooked the farm and had a commanding view of the valley. The first prayer circle in Clarkston was held in a upstairs room of that home. Unfortunately, this beautiful home burned on 31 May 1931.

David became a high priest. He believed in paying a honest tithing, knowing that the Lord keeps his promises by opening the windows of heaven to pour out blessing on all that keep his laws and commandments. This was proved to David in the spring of 1871 when the grasshoppers were so thick that when in flight they darkened the sun. Three times that summer the grasshoppers ate all of Davidโ€™s grain. When they came the fourth time, with the help of his children, the grasshoppers were driven into ditches where the chickens would devour them. The grasshoppers were so large that the chickens could only eat three or four at a time. David told his family that because he had paid his tithing that the Lord would provide for them. It was then that the seagulls came and began eating the grasshoppers until they could eat no more. When the seagulls had eaten their fill, they would go to the ditch and throw up the grasshoppers and then continue to eat more. Once the grasshoppers were completely devoured, the seagulls flew away. This time the grain grew to maturity and David produced 1,300 bushels of grain โ€“ the largest crop he had ever harvested up to that time.

When David first began to farm in Clarkston, he cut his grain with a โ€œcradleโ€, after a few years he purchased a โ€œdropperโ€ to cut the grain. He hired six men to flay and bind the grain. David would cure his wheat for planting with slack-lime, and he would sow his seeds by hand casting them.

David continued to make shoes for the first few years in Clarkston, but the last shoes he made were for his step-daughter, Lucy Anne, and he purposely made one that was wrong-side-out and stated that โ€œhe wouldnโ€™t make any more shoesโ€, and he never did.

David would mend his harnesses with wooden, maple pegs that were actually intended as tacks to hang shoes on. He planted five to ten acres of potatoes each year. Although for the first few years hay had to be bound by hand, David purchased the first self-binder in Clarkston that bound the hay with wire. Later, he assisted Andrew Heggie and Peter S Barson in buying the first header in Clarkston.

One year the sunflowers had grown so profusely in the wheat that when the threshers came, they refused to thresh it. He made a flail and flailed all the wheat by hand on a wagon cover. After the grain was harvested, David had to haul it some 60 miles (each way) to Corinne or Ogden by team and wagon just to sell it.

During the construction of the Logan Temple, David donated $100 each year until the temple was completed. He did temple work for many of his ancestors in the Logan Temple. He also gave financial assistance to build the old rock meeting house in Clarkston as well as the new chapel that is still standing in Clarkston today (although it has undergone several additions and renovations since then).

Sarah Keep Buttar

In 1884, David married Sophia Jensen Hansen in plural marriage. He lived in polygamy for 20 years. In 1889, polygamists were advised by the authorities of the Church to give themselves up instead of being hunted down by the law. On the first of June 1889, David gave himself up. Because of his age (67), he was not required to serve the usual six months jail sentence. He paid, instead, a $100 fine and returned home a happy man.

Back (l-r): William Sparks, Hans Jensen, Lucy Ann Francis, Robert Buttar, John Buttar, Daniel Buttar, Elizabeth Buttar, Charles Buttar, Margaret Cutler, Will Sparks; Sitting: Emma Gover, Sarah Buttar, David Buttar, Sarah Keep Buttar, Karen Buttar

On 10 May 1899, David, his wife Sarah, their son Charles and a niece Mary Jenkins, had all attended the Logan Temple. While driving across the Bear River Bridge on their return trip home to Clarkston, the bridge broke and the entire group fell into the river. Fortunately, two gentlemen by the name of William Bingham and William Thain were nearby and were able to pull everyone from the river. Apparently though, Sarah was rendered unconscious because of some timbers that had fallen on her and was taken home to Clarkston unconscious. William Bingham, who had so bravely rescued her and the others, thought that surely she had died and came to Clarkston a few days later to attend her funeral. It would be an understatement to say that he was quite surprised to find no funeral transpiring, as Sarah was alive and well. Sarah did report afterward of having an out-of-body experience during the near-drowning incident and spoke of the beautiful things she witnessed on the other side of the veil.

In 1909, David contributed $200 to President Budge of the Logan Temple. President Budge gratefully said that the donation was an answer to prayers, as money was needed to purchase a new rug (carpet) to replace carpet that had been burned in a recent temple fire. President Budge gave David a priesthood blessing which pleased David greatly. David also stated that he thought that would be his last donation to the temple โ€“ and it was. On November 23, 1911, David passed away from eye cancer at the age of 89. He was laid to rest in the Clarkston Cemetery. A beautiful, majestic monument has been erected to his memory at his burial site.

Buttar home on 6 October 1920

Was David a Buttar or Buttars? His christening record prepared by the church has Butter, likely from the mouth of his father. It does not show as plural. When David was married to his first wife, Margaret Spalding, the church recorded his name as David Buttar. Another record, likely created from his own dictation to the individual creating the record. The 1860 Census, probably from someone else’s mouth, has Buttar. But yet, 1870, probably from someone else’s mouth, has Buttars. It goes back and forth. 1910 Census – Buttars. Death certificate for Charles William Buttar – father is David Buttar – Sarah Keep Buttar completed this death certificate information (but Charles’ grave marker has Buttars). The death certificate for his wife, Sarah Keep Buttar – has his name as David Buttars. Alternatively, when he died, Sarah Keep Buttar provided the death certificate information and provided his name as David Buttar. But, when she applied for the Daughters of the Pioneers, she wrote Buttars. Ultimately, some of his siblings and own children used both variations. There are likely other records, but it appears at this time the records created by him in his own life show Buttar. Lastly, when he died, the family listed Buttar on the tombstone (as seen above). But since his christenening record (provided by his parents), marriage certificate (provided by him), and his death certificate (provided by his wife) all list Buttar, along with his tombstone, I will go with Buttar for this history.

David has an entry in Pioneers and Prominent Men in Utah.

“Buttar, David (son of Daniel Buttar and Batheah Rattray, born 1788, both of Blairgowrie, Perthshire, Scotland. Born Dec. 2, 1822 at Blairgowrie. Came to Utah November, 1854, Capt. Taylor Company.

“Married Margaret Spalding Dec. 14, 1848, in Scotland (daughter of John Spalding and Marjory Meek Johnson), who was born April 1, 1822, and came to Utah with husband. Their children; Marjory Meek Johnson b. Sep. 16, 1849, m. Henry Mullet December, 1866; m. Joseph J. Harrison 1869; Batheah b. July 15, 1851, m. William Sparks Dec. 15, 1868; David b. November, 1863, d. February, 1854; John Spalding b. May 22, 1856, m. Sarah L. Tanner Jan. 1, 1880; Daniel b. Sept. 22, 1858, m. Emma Cover January, 1883; Robert Sutter b. April 6, 1861, m. Mary Godfrey 1891; Margaret b. Aug. 6, 1863, d. infant. Family home Lehi, Utah.

“Married Sarah Keep Dec. 16, 1866, at Lehi (daughter of James Joseph Keep (high priest) and Ann Miller; married July 22, 1836; pioneers Oct. 22, 1866, Abner Lowry company. She was the widow of Thomas Francis, married May 15, 1865, and mother of Lucy Ann Francis, born March 26, 1866, who married Hans Jensen July, 1884). She was born June 28, 1840, Greenham, Berkshire, Eng. Their children: Sarah Isabell Buttar, b. April 16, 1868, d. June 15, 1868; Elizabeth Keep b. June 9, 1869, m. John Loosle Dec. 3, 1891; Charles William b. June 15, 1871, m. Angeline Stuart May 18, 1892; Thomas James b. Oct. 13, 1873, m. Annie Loosle; David Alexander b. Dec. 14, 1876, m. Rose Loosle; James Joseph Keep b. Feb. 26, 1878, m. Agnes Jordan; Mary Janet b. June 30, 1880, m. Louis Thompson; Emma Jane b. Oct. 8, 1882, m. David Thompson. Family home Clarkston, Utah.

“Settled at Clarkston 1868. High priest. Shoemaker; farmer. Died Nov. 23. 1911.

Back (l-r): James Joseph, David Alexander, Emma Jane, Daniel, Mary Janet, Robert Sutter, Lucy Ann, Charles William, Thomas James; Front: Elizabeth, Sarah, David, and John Spalding

The Pioneers and Prominent Men of Utah biography gives a good overview of David’s family.

This editorial obituary also provided some insights into David.

“CLARKSTON, Nov. 27 – Never has a departing member of the Clarkston ward had greater honor shown him than that which has been bestowed upon our departed friend and brother, David Buttars; a true and honest man in every relation in life.

“The funeral services, held Sunday afternoon, had a very large attendance, there being relatives and friends from Salt Lake, and from all parts of this county, present, besides the very large neighborhood attendance. Twenty-one members of the ward choir were present, and rendered some fine selections. The floran emblems were numerous and most beautifulf. Bishop Ravsten presided. The choir sang, “Farewell all Early Honors” and Elder William Griffin of Newton offered the opening prayer. The choir then sang, “Rest For the Weary Soul,” following which the following brethren offered words of praise for the departed, and of hope and condolence to the living: Prest. Roskelley, John E. Griffin of Newton, and C. P. Anderson. The choir then sang: “It is Well With my Soul.” Prest. Skidmore, Elder Burnham and Bishop Ravsten then added their testimony of the worth of the departed; the last named speaker proclaiming the deceased a full tithe payer, a blessing in and to the ward, and a faithful Latter-day Saint. The choir sang “Shall I Receive a Welcome Home.”

“Nearly forty vehicles followed the remains to their last resting place, where Bishop Ravsten dedicated the grave. Six stalwart sons: John, Daniel, Robert, Thomas, David and James, acted as pall-bearers. These, with a loving wife and four daughters, and a host of children and grandchildren are left to mourn his loss.

“Brother Buttars was eight-nine years old at the time of his death. He was born in Scotland, but had lived in Utah since the year 1854. Following his arrival he lived in Salt Lake for a short time, then moved to Lehi. Leaving Lehi he came to Clarkston of which he was a resident for more than forty years; passing through all the toils and harships that constituted the lot of our pioneers. He was always in the front rank of progress and helped make Clarkston the desirable place it is today. He was charitable to the poor, and a liberal contributor to missionary, and all other beneficent funds and works. His memory will be kept green as least so long as the present generation lives. Among other good works he officiated in the Logan Temple for more than eleven hundred of his deceased kindred.

Back (l-r): Margaret Priscilla Buttars, George Alfred Sparks, David Sparks, (photo of James & Ann Keep), Thomas James Buttars, David Alexander Buttars, James Joseph Buttars, Mary Janet Buttars; Front: Rachel Betheah Buttars, Margaret Sarah Buttars, Daniel David Buttars, Melvin Henry Buttars, David William Buttars, Thomas Hans Jensen, and Emma Jane Buttars

David and Sarah Keep were married 16 December 1866 in Lehi, Utah, Utah. David and Sarah received their endowments in the Salt Lake City Endowment House on 14 December 1868. David and Margaret, and David and Sarah were also sealed the same day in the Endowment House. I am not clear if Margaret was initially endowed on 14 December 1868 and the record was lost, but the work is officially shown as completed for Margaret on 5 June 1884 in the Logan Temple. David married Karen Sophia Jensen 11 June 1884 in Logan, Cache, Utah at the Temple.

Handwritten biography of David Buttar by Sarah Buttar after his passing
Handwritten biography of David Buttar by Sarah Buttar after his passing

This biography added some other interesting insights, particularly of his death. Sounds like a painful process, even if the final passing was like going to sleep.

Buttar home, Thomas, Elizabeth, Sarah, David Alexander, Mary, James Joseph, Emma Jane, David, and unknown

“A sketch of Sarah Keep Buttars life up to the age of 82 which I Sarah write myself, I was born the 28th of June 1840 at Stroudgreen, Greenham, Berkshire, England. Daughter of James Joseph Keep and Ann Miller Keep.

“I was christened in the Church of England, and learned all the Collicks, Hymns, Prayers and Chants, I can yet repeat some of them. I was naturally religious and when eight years of age the Elders of the Church of Jesus Christ of Latter Day Saints came and stood outside my Fathers gate and preached. My Mother was brought up a staunch Baptist and my Father belonged to the Church of England. Mother didn’t understand the teachings of the Elders as soon as my Father did. One Sunday Morning the Elders came to preach in front of our house and Father took a bench out for all to sit on. Father believed in their teachings and one Sunday morning, 23 July 1848, he crept out of bed and was baptized without any of us knowing it. When he came back mother knew he had been baptized, and came upstairs and told us children to call out “You have been by the Latter Day Saints haven’t you?” Father told Mother if she would go to the Latter Day Saints Church with him he would go to the Baptist Chapel with her sometimes.

“One day they were too late for the Baptist meeting and Father ask Mother to go the Latter Day Saint meeting, and she went with him and soon after she joined the church. After joining the Church they lost everything, their home, and five other houses they owned. Then they had to pay rent, after this the Elders came to our house and held their meetings. Then I was baptize the date being February 1849 the ice was broken for me. I had to walk home on and one half miles under Mother’s cloak in my wet clothes, because the mob was calling my Father, “Curley Keep”, the Latter Day Devil to let a little girl like me be dipped.

“In 1850 we all had the smallpox, my eldest brother James Joseph Keep died from smallpox 25 February 1850, my Mother was also very sick with the smallpox.

“We were very poor and when my baby sister Harriet was born the 8th of March 1850, my Mother had a cancer in her breast and Father wanted to get a Doctor, but Mother wanted the Elders, so my sister and I went for the Elders, they administered to her and anointed her breast and the cancer went away, and she was never bothered with it again, this strengthened my faith in the gospel and I became more religious and what I learned I did not forget. I was taught to learn and repeat verses of the Bible when in Sunday School and at home. As I grew older I traveled much with my Father and his companion. When they went out preaching in the open air I was always anxious to go, and they said I could go if I could sing for them which I did. People gathered to listen to their teachings and many joined the church. My Father and his companion and I suffered many persecutions but the Lord preserved us from our enemies.

“At the age of thirteen I went to London with my father and his companion I sang in the streets of London, we were often told by the police to move on.

“At the age of eighteen I was self willed, and thought about marriage, my Father told us older girls not to get married until we came to the New Valley. Although I had great desire to get to the valley, thinking it would be “Heaven on Earth” yet I thought I would please myself. At this time I had a dream and was shown the route to the valley. The American Elders said when I related it to them that it was truly the route to the valley, in the dream I saw high mountains and the plains, and as I passed on walking I came to a beautiful green meadow, and I heard Heavenly Music and Singing. I saw on the top of the high mountain a very elderly looking man and he was dressed in a long robe, his beard and hair was long and white, he was winding some silver piping on top of the mountain, the sun shown on him so bright that it dazzled my eyes and just at that time a woman passed by me, then I saw a gate leading into the meadow, and there was a gatekeeper, the woman went up to the gate he told her she would have to have her blessing before she could go through, he beckoned to the man on the top of the mountain and he came down and gave her a wonderful blessing he beckoned to the man again and he came and laid his hands on my head and told me to honor my father and my Mother that my days may be long up on the land which the Lord they giveth thee, he said go thy ways and obey they parents in all things. I didn’t think I had as good of a blessing as the woman that passed through before me and when the gate keeper said you can now go into the meadow I said, “I do not want to, for he did not give me as good of a blessing as that woman had, and I did not want to go in.”

“He said, “You had what you deserved,” then I went back and I saw a house where there was dancing and I could hear music, I thought I heard my sister’s voice, and I went up to the door, there were two door keepers, and they gave me a push and said, “You can’t come in here,” I fell down the steps, when I got up I turned to the meadow again and I sat down and cried bitterly, when I awoke my pillow was very wet, I saw that I was going to do something wrong and afterward I knew what it was.

“At the age of twenty five I married against my Father’s and Mother’s wishes and they didn’t know it for six weeks, then to my sorrow I found that my husband had just joined to church to get me, for my Father said I should not marry anyone out of the church, this was his council and I disobeyed him. When I was married my husband told me that it was once my day but now it was his day, he let me know it at a later time.

“In 1866 my Father and Mother were going to the Valley, and I could not go, my husband said if I went to see my Father off he would push me overboard, but the Lord helped me. My Mother and Father told me if I would go with them and leave my husband they would pay me for it, I could see I would never get there the way my husband was acting so I gave my word to go. I left him although it was very hard to part. I kept my word and obeyed my parents, and like in my dream I shed many tears, I did not tell my husband that I was going and he seemed kinder that day then ever before, which made it more hard for me to endure, but I prepared everything as though I was going back home that night, he ask if he should come for me and carry the baby, I said no it might be late when my Aunt leaves, and I may stay at Mother’s all night.

“The next morning finding I did not go home he went to Mother’s and not finding me there he sent a man dressed in pilots clothes to the ship to find me, he questioned me as to where I was going with such a young baby and at that I hardly told him, when he said are going alone, my Mother said “NO” for I was going with my Father and my Brother-in-law, meaning my sister’s husband, he said “OH” and up the companion ladder, I told Mother I was afraid my Husband would come, I passed my baby over to the other side of the ship, I got into the berth of a young couple that had a feather bed in one corner and I crept down behind it. Three policeman came and looked in every berth and did not see me, they were after two apprentices, and four more sisters, and one brother that were leaving husband and wives, they never got any of us, but the two apprentices went back.

“We set sail 23 May 1866 on the American Congress. When at sea we were tossed about and nearly all become seasick. I was blessed by having only three days of seasickness, Father and Mother and my two younger sisters were very sick and my baby caught the whooping cough, having caught cold by being passed about when the policemen were after me. The Lord spared her life and she got well.

“The cook’s cabin took fire, and a little time after the sea was so rough our main mast broke, and the sail went into the sea, next day they fixed the mast, we had a calm and the ship did not move back or forward, but rocked about. We had a Concert on the top deck and enjoyed ourselves. We had heavy fog very often so bad the Captain could not see where we were going, Brother Rider, the President’s counsel was talking to the Captain on the quarter deck and saw the fog lift up he said “What is that?” It was the breakers he saw, but the Captain did not answered, he sprang to the wheel and called, “About ship all hands to the Riggins,” soon the danger was over and the Captain said that in a short time all would have had a watery grave if the fog had not lifted, we were saved by providence.

“When we were on the river the boat took fire, and they carried large fiery sticks past the foot of my bed and threw them in the water.

“We landed in New York the 4th of July 1866, we anchored and saw many beautiful fire works, a ship was set on fire on the sea and with flames coming out of its many windows it was a great sight. Next day we went on the pier and then came another task, we had to pass a man that read our names off when we came to my name, as I was called Sarah Keep, and child, he said “Stop!” Where is your husband, and how do you know he is not here? “Stand Back!” he shouted, I stood back and all the young men passed, my old friend, Will Penny, came and ask me what was the matter, I told him and he told me to come with him and they would not know who he was, I went with him and all was well. We stayed in New York three weeks. My sister Lucy’s baby was born there, then came another task, my Father did not have enough money to take me on to the valley, I sold my wedding ring to buy my baby a pair of shows, and a hat, and also to pay for an advertisement. I advertised to be a wet nurse, my Mother was to take my baby on to Zion, and I would follow. I went to the office and engaged at twenty dollars a month, when I was returned home I met my Father, he said he had been to the office of Brother Bullock and Thomas Taylor who was looking after the emigrant companies and they told him not to leave me there in a strange land if I had left my husband for the gospel, and as my Father didn’t have the money they said the church would take me and I could pay it back when I got to Zion and I had the money to do so. Father decided I could go on with him if I wanted to, but I thought I could save enough to pay my own way, I was very glad when it was time for the boat to leave. When we were on the train the wheels caught fire and we were pushed into another car as if we were sheet, for we were just emigrants.

“While crossing the plaints with oxen teams the Cholera broke out, and about seventy one died, many were buried in a quite or sheets, the wolves would howl around at night, and perhaps dig up the dead that were buried.

“One night about twenty five or thirty Indians came to camp, they were on the war path, it frightened us very much, for we were afraid we would surely be killed, they had scalps of women’s long hair hanging from their tomahawks, and their belts were filled with arrows and bows in their hands, they had a letter which they gave to the Captain to read, he called, is there anyone in camp who can read the Indian language, a young sister by the name of Emma who had left her husband and two little girls said ” I can read the Indian Language.” She had learned to read it when her husband was a soldier, and he had taught her to read it, she read the letter, and was pleased the Indians, the Captain pitched a tent inside the ring of wagons, and fed them they sang all night, and followed us all the next day calling “We Want White Women,” at last they left us.

“When traveling the Captain would take my baby on his horse, and tell me to talk on, and the teamsters would pick me up, and take me in their wagon and they would ride on the tongue of the wagon, they would tell me to sing to them and they would walk rather than see me walk as I had sore feet.”I used to wash my baby’s clothes in the streams when we camped, and the teamsters would tell me to dry my clothes by the fire, they let me bake my bread in the skillet after their baking was done. Sometimes I had only bread or small piece of bacon to nurse my baby on.

“I am thankful I am here, and I have learned what I came here for, I can say I do know that the Lord has been with me and give me more than I deserve, but he has promised “He that leaves Father and Mother, Husband or Wife for the gospel, shall receive a Hundred Fold.” I can now see there was work for me to do for the dead and the Lord has blessed and preserved my life many times to do this work. I am very thankful to him for it.

“I traveled first with Father and Mother, and two Sisters in Pratt’s Company, then Captain Inkley came to bring the sick in, and I came with his company I left my parents, and arrived in Salt Lake City at conference, the fifth or sixth of October 1866. In two weeks I hired out to a sister’s home to nurse her as she was sick. I got a cold in my eyes, and it was so terrible that I went to my sister Mary’s in Lehi until they were better. Brother David Buttars came there on business and told me he knew what would cure my eyes if I would do it. He told me Brother Brigham Young’s remedy. Was to dig down a little over a foot deep in the soil mold the soil and lay it on my eyes at night in a fine cloth, I did it and it healed my eyes in a week.

“Mr. Buttars came again and asked my sister and I to his daughter Marjory’s Wedding Supper. I went and when I was going home he wanted to go with me and carry the baby, he did so, and that night he ask me to become his wife, that was the pay he wanted for telling me what would cure my eyes, in less than three weeks we were married in my sister’s house by the Bishop’s counselor in Lehi, I was twenty six years old and had one child, and David was forty four and had five children. Sisteen months later I had my first baby girl, Sarah Isabelle two months later 15 Jun 1868 she died and was buried in the garden until David came home, then she had been dead eight days, David and I buried her ourselves in the graveyard at Lehi Utah.

“My husband had been to Clarkston to buy us a home, this was in June 1868, and in October 1868, we moved to Clarkston, Utah.

“That fall the grasshoppers were so bad that we but up cow skin and made a rope which three of us dragged up and down the garden in order to make the grasshopper fly away, and keep them from cutting the grain. There were so many grasshoppers that when they were flying they would darken the sun.

“When we were on our way to Clarkston, we were just crossing the mountain top, and the tongue of the wagon broke, the horses and the cattle went off and were lost for five days travel time, during this time the mail coach with President John Taylor passed us and nearly tipped over, because we could not get out of the way, we started again for Clarkston and arrived at the end of October 1868, and I have lived here since.

“I was the first milliner in Clarkston, I made Straw hats, and straw braid, and straw trimmings for the hats. In 1869 my third daughter was born. Two more years we fought the grasshopper and crickets. In 1871 there were seven crowds of crickets and three crowds of grasshoppers that came and ate everything up. On the 15th of June 1871 my first boy, Charles, was born, and eight days after on the 23 of June 1871 the seagulls came and ate all the grasshoppers and crickets.

Baby quilt made by Sarah Buttar

“I joined the Female society in 1869 at Clarkston, and was a teacher for many years. I was the President of the Primary for six years, and a teacher for about eighteen years. The first Prayer circle in Clarkston was in my home, I was very much delighted and it was kept there for three years and four months. Then it was moved to the New Tithing house. I was married to my husband David Buttars 16th December 1866 and was sealed to him in the Endowment House in Salt Lake City, Utah 14 December 1868.

Clarkston Ward Sisters: Annie Heggie, Marie Anderson, Sarah Buttar, Jane Godfrey, Hannah Thompson, Elizabeth Loosle

“In 1884 my husband took another wife. We lives in that Celestial order for twenty three years. I have worked in the Salt Lake Temple, and the Logan Temple for the dead. I have worked and paid for about two thousand names. I have had my second Endowments many years ago. I have seen and talked to Martin Harris, one of the three witnesses, who is buried in the Clarkston Cemetery, I am a member of the Camp of Daughter’s of pioneers named in his honor, I have planted flowers on his grave.

“I have been near drowning two or three times. Once on the ship and twice in America, once when I was crossing the Bear River Bridge with my husband and relatives, we were returning from doing temple work, the bridge broke and we all went into the river, I was laid upon the river bank for dead, being crushed with the broken timber, I regained my consciousness, that was on the 30th of May 1899.

” I have had nine children five girls and four boys, three are dead at the present time, Eight of them are married and have families of their own. I am now Eighty two years old. I am writing this in March 1923.

“Sarah Keep Buttars died 7 October 1935 at the age of ninety five. SHe was active until a few days before her death. She attended the Cache County Fair in September 1935 and won a prize for her Fancy Hand Work and the honor of being the oldest pioneer in Cache Valley attending the fair.

Sarah Keep Buttar

In re Cantu

Decision: In re Rebecca Cherie Cantu and Alejandro Cantu, Case No. 14-40254-JDP (Bankr. D. Idaho, 26 Aug. 2014)
Judge: Honorable Jim D. Pappas, United States Bankruptcy Judge
Counsel for Debtors: Paul Ross, Idaho Bankruptcy Law, Paul, Idaho
Chapter 7 Trustee: Gary L. Rainsdon, Twin Falls, Idaho
Trustee’s Counsel: Brett R. Cahoon and Daniel C. Green, Racine, Olsen, Nye, Budge & Bailey, Chtd., Pocatello, Idaho


Background

Rebecca and Alejandro Cantu filed a Chapter 7 bankruptcy petition on 20 March 2014. In the months leading up to their filing, two creditors โ€” NCO Financial and Bonneville Billing and Collections โ€” had been garnishing their wages pursuant to state court judgments. NCO, collecting on student loans, garnished 15% of Ms. Cantuโ€™s wages each pay period under federal law. Bonneville garnished an additional 10% under state law. Idaho only allows a maximum of 25% to be garnished from an individual’s wages. Over the 90-day preference period preceding the petition date, the two creditors combined had garnished a total of $1,536.93 from the Debtorsโ€™ paychecks.

On their amended Schedule B, Debtors listed the garnished funds as personal property and claimed $1,500 of that amount exempt under Idaho Code ยง 11-605(12) โ€” a wage exemption statute enacted by the Idaho Legislature in 2010, and one that, as Judge Pappas noted, had never been interpreted by any court.


The Trusteeโ€™s Objections

The Chapter 7 Trustee filed two objections in sequence. The first, argued simply that the garnished funds were not โ€œdisposable earnings receivableโ€ because they had already been paid to the creditors prior to the bankruptcy filing. When the Debtors amended their Schedule C to increase the claimed exemption from $1,086.53 to the statutory maximum of $1,500, the Trustee withdrew the first objection and filed a more detailed second objection through retained counsel.

The second objection raised two grounds. First, the Trustee argued the garnished funds were avoidable preferences under 11 U.S.C. ยง 547(b) โ€” transfers made within 90 days of filing to specific creditors on account of antecedent debt โ€” and that the Debtors were therefore barred from exempting them under ยง 522(g), which limits a debtorโ€™s ability to exempt property recovered by the trustee to situations where the debtor could have exempted the property absent the transfer. Second, the Trustee contended that because the Debtors had received a benefit from the garnishments โ€” reduction of their judgment debts โ€” the funds had effectively been โ€œpaidโ€ to them, and thus did not qualify as unpaid wages under Idaho Code ยง 11-605(12).


The Debtorsโ€™ Responses

This firm filed two responses on behalf of the Debtors, tracking the Trusteeโ€™s evolving objections.

On the statutory interpretation question, Debtors argued that Idaho Code ยง 11-605(12) means exactly what it says: the exemption applies to earnings that โ€œhave been earned but have not been paid to the individual.โ€ The garnished funds were unquestionably earned by Ms. Cantu through her personal services, and they were never paid to her โ€” they were diverted directly to her creditors via the sheriff. The statute does not require that funds be โ€œreceivable,โ€ nor does it specify where the funds must be held. The Trusteeโ€™s position that the funds were โ€œeffectively paidโ€ to the Debtors because they reduced outstanding debts stretched the statutory language beyond its plain meaning.

On the ยง 522(g) issue, Debtors argued that the garnishments were not voluntary transfers โ€” they were compelled by court order โ€” and that the funds had not been concealed, as they were fully disclosed on Schedule B and the Statement of Financial Affairs. Because the property could have been exempted under Idaho Code ยง 11-605(12) had it remained with the employer and not yet been paid, the Debtors were entitled to claim the exemption on any funds recovered by the Trustee under ยง 522(h).


The Courtโ€™s Ruling

Judge Pappas ruled in favor of the Trustee and sustained the objection, disallowing the exemption. The Courtโ€™s analysis turned entirely on the meaning of the phrase โ€œhave not been paid to the individualโ€ in Idaho Code ยง 11-605(12).

The Court acknowledged that the statute had never been interpreted by any court since its enactment in 2010, and that the phrase โ€œpaid to the individualโ€ was arguably ambiguous. However, the Court concluded that reading the statute in context โ€” as required under Idaho rules of statutory construction โ€” compelled the conclusion that the garnished wages had been paid.

The Courtโ€™s reasoning proceeded on several fronts:

From the employerโ€™s perspective, the wages were indisputably paid. The employer transferred the full amount owed to Debtors โ€” some directly to them, and the garnished portion to the sheriff on their account โ€” satisfying its payroll obligation in full.

From the Debtorsโ€™ own perspective, the Court found the wages had likewise been paid. The garnished sums reduced the Debtorsโ€™ outstanding judgment debts, conferring a direct financial benefit. To hold otherwise, the Court noted, would potentially require employers to pay the garnished amounts twice โ€” once to the sheriff, and again to the debtor following a successful exemption claim โ€” a result the Idaho Legislature could not have intended.

The Court also rejected the Debtorsโ€™ reading as internally inconsistent with Idahoโ€™s garnishment statutes. Idaho Code ยง 8-509(b) expressly directs an employer-garnishee to โ€œpayโ€ the earned wages to the sheriff for the creditorโ€™s benefit. Treating those same wages as simultaneously โ€œpaidโ€ for garnishment purposes and โ€œunpaidโ€ for exemption purposes would create an irreconcilable conflict between the two statutes. As the Court observed, while exemption statutes are to be construed liberally in favor of debtors, statutory language should not be โ€œtorturedโ€ in the name of liberal construction.

Because it resolved the case on the ยง 11-605(12) issue, the Court declined to reach the Trusteeโ€™s alternative argument under ยง 522(g).


Why This Matters

1. A case of first impression on Idaho Code ยง 11-605(12). The Court explicitly noted that no prior case had interpreted this 2010 wage exemption statute. This decision remains the leading โ€” and only โ€” authority on its meaning and scope. Idaho practitioners advising debtors on wage garnishment situations should be aware of its limitations.

2. โ€œPaid to the individualโ€ means paid on the individualโ€™s account, not just into their hands. The Courtโ€™s construction of the statute is broad: wages diverted to a creditor through garnishment are treated as paid for exemption purposes, even though the debtor never personally received them. Debtors who suffer pre-petition garnishments cannot use ยง 11-605(12) to recapture those funds in bankruptcy.

3. The interplay between ยง 547 preferences and ยง 522(g) exemptions is complex. Where a trustee seeks to avoid a pre-petition garnishment as a preference, the debtorโ€™s ability to claim an exemption in the recovered funds depends on whether the property could have been exempted in the first instance. This case illustrates how critical it is to identify viable exemption authority before asserting the right to avoid a transfer under ยง 522(h).

4. Debtors should assert wage exemptions in state court before filing. The Court noted, in a footnote, that Idaho Code ยง 8-519 permitted the Debtors to have raised an exemption claim in state court at the time of the garnishment. No such claim was made. Practitioners should advise clients facing wage garnishment to promptly evaluate available exemptions under state law โ€” before funds leave the employerโ€™s hands.

5. Liberal construction has limits. Idaho courts construe exemption statutes in favor of debtors, but that principle does not authorize courts to rewrite statutory language. Where plain meaning and statutory context point clearly in one direction, liberal construction will not overcome them.


Full Decision: Available on PACER, Case No. 14-40254-JDP, Doc. 51 (Bankr. D. Idaho 26 Aug. 2014)

Van Elliot Heningerโ€™s Class

Back (l-r): Wayne Taylor, Frank Poulsen, Miriam Weatherston, Margaret Freestone, Ezma Musgrave, Dorothy Richardson, Milo Ross, Earl Hipwell. Middle: Ray Charlton, Junior Taylor, LauRene Thompson, Jean Etherington, Cleone Carver, Myrtle Hampton, Eugene Maw, Van Elliot Heninger. Front: Keith Hodson, Orlo Maw, Howard Hunt, Ellis Lund, Delmar White, Ted Christensen, Lyle Thompson, Ivan Hodson.

Here is another photo grade school photo, this one from Grandpaโ€™s 8th Grade year.ย  This is a much clearer picture, and not a photocopy. This was taken outside the old Plain City School in Plain City, Weber, Utah. This is a clearer picture than the one I had previously shared. I am sharing this in honor of what would have been his 105th birthday this week.

Van Elliot Heninger (1909-1989) Teacher

Cleone Carver (1921-1994)

Ray S Charlton (1920-1991)

Edwin โ€œTedโ€ Daniel Christensen (1921-2005)

Vesey Jean Etherington (1921-2000)

Margaret Freestone (1921-2017)

Virginia Myrtle Hampton (1921-2013)

John Earl Hipwell (1921-2000)

Benjamin Keith Hodson (1920-1970)

Ivan Alma Hodson (1919-1982)

Howard Hunt (1921-1944)

Ellis Marion Lund (1921-1984)

Orlo Steadwell Maw (1921-2004)

Wilmer Eugene Maw (1920-2009)

Emza Ameriam Musgrave (1922-2007)

Frank Dee Poulsen (1920-2010)

Dorothy Della Richardson (1921-2018)

Milo James Ross (1921-2014)

Junior Elmer Taylor (1921-1985)

Wayne Gibson Taylor (1921-1969)

James Lyle Thompson (1921-1999)

LauRene Thompson (1921-2010)

Miriam Weatherston (1921-2001)

Heber Delmar White (1921-2008)

Preston England Dedication Handkerchief

Preston England Temple Dedication Handkerchief

On 5 April 2020, I had to go digging to find my Hosanna Shout Handkerchief. It was the 200th Anniversary of the First Vision of Joseph Smith Jr. and President Russell M. Nelson had indicated we would be having a Hosanna Shout the day before to honor and celebrate. At some point on that day I snapped this picture of my handkerchief.

This handkerchief was given to me in Runcorn, England by John and Rose Byrom. It had been used in the Hosanna Shout for the Preston England Temple Dedication. I do not know who it belonged to or why it was being given to some missionary from Idaho, but I gladly accepted it. I got to use it for the first time on 8 October 2000 in the Manchester England Stake Center for the dedication of the Conference Center in Salt Lake City, Utah. Several days later I recall my companion, Elder Gheorghe Simion, telling me that during the night he heard me muttering the Hosanna Shout in my sleep. Later, again, we were in the car and he told me I should stop saying the Hosanna Shout under my breath. I had not realized I was doing it. But I do catch myself once and a while repeating its words to myself on particular occasions. It is deeply entrenched in my soul.

As I sat thinking about this handkerchief in 2020, I was thinking about all the occasions on which I have had the privilege of using it since then. For a record, I thought I better list the dates this handkerchief was used for a Hosanna Shout. I have updated it even for additional uses since 2020, particularly in dedicating our own Burley Idaho Temple.

Preston England Temple – 7-10 June 1998 – Preston England Temple, Chorley, England. I did not use it, someone else did.

Conference Center – 8 October 2000 – Manchester Stake Center, Altrincham, England.

Winter Quarters Nebraska Temple – 22 April 2001 – Branson Chapel, Branson, Missouri.

Nauvoo Illinois Temple – 27 June 2002 – Branson Chapel, Branson, Missouri.

Boise Idaho Temple – 18 November 2012 – Paul Idaho Stake Center – Paul, Idaho.

Provo City Utah Temple – 20 March 2016 – Kaysville Utah South Stake Center, Kaysville, Utah.

Idaho Falls Idaho Temple – 4 June 2017 – Burley West Idaho Stake Center, Burley, Idaho.

Meridian Idaho Temple – 19 November 2017 – Burley West Idaho Stake Center, Burley, Idaho.

Palm Sunday – 5 April 2020 – Ross Home, 819 Fairmont Street, Burley, Idaho.

Pocatello Idaho Temple – 7 November 2021 – American Falls Idaho Stake Center, American Falls, Idaho.

Layton Utah Temple – 16 June 2024 – Kaysville Columbia Heights, Kaysville 11th, and Spencer Wards Building, Kaysville, Utah.

Burley Idaho Temple – 11 January 2026 – Burley Idaho Central Stake Center, Burley, Idaho.

Rainbow Bridge

I continue to scan many of the photos belonging to Dave and Betty Donaldson. Some of the photos are a group or series, like this one. I don’t know why, but this one stood out enough for me to do a post on it.

Dad often helps me name some of the individuals in photos, or at least he looks at them. He does not always know who people are in the photos. When skimming these photos, he made the comment, “If you looked at the sign in sheet on the top of that arch, my name is there.” He told me it was one of the stops on a Boy Scout whitewater trip down the Colorado River in about 1957.

That trip was while the Glen Canyon Dam was under construction. They had to take their canoes out and hike around the dam construction and put back in below. When they were passing the canyon where Rainbow Bridge is located, they pulled out and hiked up the canyon. They then climb up on top of the bridge, which is a big no-no now.

These photos show a Rainbow Bridge much more accessible by water through the still filling Lake Powell.

As you can see in the photo below, these photos were likely taken in the middle to late 1970s. The dam did not fully fill until 1980! 17 years to fill! It has not been full since that time, continuing to decline due to prolonged drought.

It is an awe inspiring site to behold.

Dave Donaldson and Irene Telford

I do not know anything more than what the photos tell. Family trip to Lake Powell? Who is the instigator? Rented boat?

Irene Telford, children, and Betty Donaldson

Irene is the daughter of Sterlin Delaino Telford Jr and Maxine Donaldson. David and Maxine are siblings to my Grandmother, Gladys Donaldson Ross. I scanned this photo just recently of Irene and Mel Rawlinson. I believe the daughter’s name is Shelly.