New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-05-31

MRS FISHES BEQUEs1S 10 CORNELL
The decision of Surrogate Lyon, OF lonpk'hs
County. deciding the McGraw-fiske Will con-
fest in favor of Cornell University, Is not the
leas, of the pieces of good fortune that nave
attended TIM, institution. If undistuibed, THIS
Indictment will add mt least 81, 800, 600 to the
available funds of the university. very much
the largest mart of this bequcst is, by the terms
If Mrs. Fiske's will, TO be devoted to the needs
of the university library, thus providing
larger endowment for this purpose than Is pos
sessed by the library OF any other existing eu"-
cational institution 1t is in fact larger IMAM
the amplcst demands of such library Wou'u
ordinarily require and doubtless the trustees
of Cornell would be glad if discretion Iia"
been given them 10 devote part OF 'iesc
funds, temporarily at all events to uses i'oio
urgent. :,
1t is even probable that the testatrix herself
filed as her mind was with the idea OF mhki"k
the library of Cornell the best OF Its kihu,
would have changed this bequest II she cou'o
have foreseen its effects. The Will OF JENNIE
McGraw Fiskc was made in July. 1sSO, just
after her marriage to Professor Willard fisNe'
She bequeathed nearly million and quarter
of dollars to benev client institutions, relatives
and friends, including 100000 to her nus
baud the remainder of her fortune was gwen
TO Cornell University. The Will de'oleu
$4,000 to students hospital, Soo,OOO 10 tne
maintenance of the McGraw Building SZoo,ooo
and all the residuary estate to the library. III IL
from this residuary estate that the university,
if the will is sust aimed, W i'll derive chief beneht
When the will was made, this remainder was
supposcd to be comparatively small in amount;
but the sudden appreciation in the value of the
Western lands, of which the estate chiefly CON
sisted, before Mrs. Fishes death had swelled
this sum by the addition OF at least 81, 100000.
For the institution to be deprived OF this grcat
beauest, even though limited to library pur-
poses, would generally be regarded as
lamentable loss to the cause OF higher educa-
ton.
The Surroeate's decree turns this property
over TO the university authorities. The decision
is based upon an array OF proofs almost un
paraleed in volume ANA intrlcacy Certainly
no other recent probate case has involved so
many complicated questions. The point how
ever. on which the contestants chiefly relied
was that the charter of the university forbade
it holding property to an am0nnt exceeding
$50 100000 in value, and that as It's property
already exceeded that sum, it could not take
under the WILL Judge Lyon finds, however. that
while Cornell University ut the time OF Mrs.
Fiske's death was receiving the benefit OF prop
erty amounting TO more than S3,OOO,OOO 1t
vas then actually the pOssessOr and owner
within the meaning of the charter, of property
worth less than 100000. If an appeal is
taken. the real stress of the controversy will
fall upon this question. Judge Boardman, the
executor under the will. is one of the Justices
of the Supreme Court before whom the case, II
appealed, will come at General Term, but of
course he will not sit when it is argued Should
it reach the Court of Appeals probably Judge
Finch would decline to participate in the de-
cision because he was formerly trustee of the
university.
No such feeling of deicacy OF propiicty of
official conduct appear to have affected Gov
ernor Hill however; for he began and prose-
cuted the contest as attorney, although at the
time he was trustee of the institution. If he
had advised Professor Fiske against course
which the latter afteIward saw so much reason
to regret, doubtless the contest would never
have been begun. And few intelligent persons
will be found to regret that the effort to wrest
this property from the uses to which the noble
minded donor had devoted ii has as yet
fu