New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-09-07
A CONTEST OVER MRS. FTSKES WILL.

PROFESSOR WILLARD FIsKE's ACTION AGAINST THE
EXECUTOR OF HIS wIFE's ESTATE.
ITHACA. N Y. Sept 6.-The Ithaca Journal TINS
evening contains an account, five columns in ength'
of an effort 70 annul the will of the late Mrs. VIII
lard Ftske whereby Cornell University receiVeo
81 800 OO0l at the instance OF her husband, froies
sor Willard Fiske, exlibrarian of tho University.
Lieutenant Governor Hill is his counsel. Samuel
8. ID. Holiday is counsel for the University, ana
ex-Judqe Countryman is counsel for Judge Board
man. the executor of tho will. The nature oil the
present action is motion open the final account
ing of the executor by which he had paid $ooo'ooo
to the University, and to have him account tor bpo
money still IN his hands. The ground on which the
action is brought is a clause in the charter iorp'u
ding the University to bold property in excess OF
S3.OOO,OOO. The University authorities refuse 10
outline their defence. decree opening the hnai
accounting by consent of ex-Judge Boardman and
the University authorities was made to-day at the
hearing in the Surrogates Court. The issue involves
the title to the Flske mansion University Hill
and other property addition to the personal estate
Professor Fiske is now in Florence. Italy Presl-
dent White intended leaving Southampton Eng
land for Ithaca yesterday. Mr Boardman emoodies
the following agreement IN his affidavit replying 10
the rettion of Professor Fiske for the rcopening;
BERLIN July l3, 1850
In consideration OF the agreement OF Jennie McGraw'
OF Itnaca New-York TO marry me aud oth con'dera era
tious DO contract and agree that sue bhal nave,
control and spose of property after our sa
marriag in manner and 10 as perIect anu Cum
plete au as If she had remained suSle anu un
married. ,, ..r o,,-osa,d
WILLARD tIsKE, lSeaLI
In the presence of
A. ID. WHITE,
ID. BoARDMAN
The date is not yet agreed upon for the hearing on
Guo
| Professor Fiske is irreconcilabe with his public
| address at the laying of the cornerstone OF the
| Cornell -McGraw and McGraw-tiske at the last
| Commencement.
PROFESSOR FIsKE's PETITION.
In his petition Professor FIske gIvesthe provisions
| OF his wife's will. and says he received all
of his $500, 900 legacy except $l6,23f ~. lilo
asserts that the estate exceeded S2ooO'ooo IN
| value: that the inventory made by the
executor was grossly inaccurate IN fixing
its value at S1.7il, 800 So. and that
tho last account shows that tho executor has
already received 50 O67 6s3 49, lie then calls al
tenton to the provision Of the charter OF Cornell
university prohibiting it from holding property
exceeding So O0O, 900 IN value. The university al-
ready holds an amount of property exceeding
So 900 900 in value, and ~ legally incapable OF
taking ANYTHING under his wlies VIII lie thc au,
husband, to that portion OF the estate which the
University is incapable Of receiving. lie prayss
that the order on the final settlement be opened,
vacated and set asldei that he may De
nermItted TO appear and bo heard on
such settlement In reference to the order
or decree 10 made theron and that it may be ad.
Judged and drcreed that the petitioner ~ emitted
to that portion OF the tate of the decreased which
cannot be held or taken by Cornell University on ac-
count OF limitations or restrictions contained IN It's
charter and that, If Tor any reason the last men
toned relief be granted. IL be decreed and ad-
Judged that the petitioner entitled TO te surplus
of eaf at
and after payment of The specific bequests 10
persons and after payment of one half OF the whole
estate to the corporations and societir 1aned IN the
will thev being of the class mentioned the act of
1890 aforesald