Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1883-10-16

On July Ia. 1880. at Berlin. in Ger
many. Prof Willsrd F.-ke of Cornell I'm.
iversity, was married to Miss Jennie Nc
Graw of Ithaca, New York. Miss Nc
Graw was an heiress. whose estate was
worth about $4,000, 900. The day be-
fore the marriage Mr.. Fisk executed the
following instrument:
Legation Of the United States or America,
Berlin, July -, 1880.
In consideration OF the agreement of
Jennie McGraw, of Ithaca. n. Y, tn mar
ry me, and other considerations, do con-
tract and agree that she shall have, pos
scss, control aud dispose or her property
after our said marriage In the same man
ner and 20 n perfect and complete an eX-
tent rs II she had remained single and un-
married.
Witness my hand and seal the day and
year aforesaid. WILLIAM FIsKE.
In the presence of A. ID. WHITE, ID.
BoARDMAN.
The witnesses to this paper were An.
drew ID. White, President of Cornell
University, and Douglas Boardman. one
of the Justices Of the Supreme Court Of
the State Of New York in the Sixth Ju-
dicial District.
Mrs. Fiske lived only little more
than year after her marriage She
died on Sept. 80, 1891, leaving last
will and testament by which she be.
queathed $500 900 to her husband, va
rious other sums 10 various legatees,
5000 900 TO Corr ell University for spe-
cifc purposes, and all the rest, residue,
and remainder of her property to the un-
iversity as sole residuary legatee.
Until recently the validity Of Mrs.
Fiske's bequest TO Cornell University re-
manned unques'ioned by her husband.
Indeed he Is said to have expressed his
entire satisfaction with them. Now,
however he has applied to the Surro:
gates Court to reopen the accounting OF
the executor, in order that he may De
adJudged entitled as surviving husband
to large part Of his wife's property.
which by the terms Of her will would 60
to the University.
He bases his application substantially
on two grounds. The act Of the leeis-
la,ure which constitutes the original
charter Of Cornell University authorized
that institution to hold real and personal
TO an amount not exceeding
80. 900, 900. Prof Fiske asserts that
at the time his wife died. and when her
will was proved, the university already
held property in excess of the amount
thus limited by law, and therefore it
could take nothing under Mrs, Fiske's
will. Subsequently, at the session Of
1882. the legislature empowered the un-
iversity to take and hold property to any
amount without restriction, and this au-
thority was extended to any property
which had been given or might thereaf-
ter be given to the corporation. Mr..
Fiske alleges that the enactment of the
enabling statute containing this provision
was surreptitiously procured by the uni
versity, and he is advised that it can
have no retroactive effect, and does not
apply to his wife's estate.
The other ground on which he places
his present claim is the statutory pro-
vision which forbids any person having
husband, wife, child or parent from be-
queathing to any benevolent, charitable,
literary. scientific, religious or missionary
corporation more than one-half of his or
her estate after the payment Of debts.
1t is evident that the great difficulty in
Prof. Fiske's case will arise from the ex-
ecution Of the ante.nuptial agreement on
the day before his marriage. If that
agreement is enforceable according to its
terms, Mrs. Fiske's estate must be sd-
ministered precisely as though she left no
husband surviving her. II may be said
that to enforce the agreement would be
to repeal two statutes Of the
State Of New York so far as they would
otherwise affect Mrs. Fiske's property
and it may well be doubted whether per-
sons. by means Of private contract, can
thus withdraw their affairs from the op-
Grafton of the general laws On the 9TH
er hand, the agreement is evidently deemed
valid by Mr.. Justice Bosrdman. who was
one Of the witnesses and who is the ex-
ecrtor under Mrs. Fiske's will. He is
an old and distinguished Judge, and be
ought to know what the law is.
The Fiske Will Case promises to be an
exceedingly interesting litigation.