New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-05-20
CORNELL LOSES ALARGESUM
THE FAMOUS FISKE WILL CASE DECIDED
ADVERSELY TO THE UNIVERSITY
THE JUDGMENT OF THE STATE SUPREME GUM
AFFIRMED BY THE UNITED STATES
SUPREME COURT IN AN INTER
EsTING DECISION

WASHINGTON. MAY l9.-The United States on-
Su.,no Conr, to.dav rendered decision in the
E;sLo ,,.;u case adverse to Cornell University
The oninion delivered by Justice Ba'chloru'
affirmed tho INDICTMENT of the Supreme court oi
Naxv York establishing the Judgment ol uie
Court of Appeals affirming the ludgmeh, oil tle
Supreme Court, in the case OF Corhell ChlNcIsiH
and Douglass Boardman. executor, against
Willard Fske Thomas McGraw ct al. IN error
10 the Supreme Court of New-l ork In the de-
cision the Court saws that the material question
in dispute is whether at the time of the death
of Mrs. Jenny McGraw-Fiske, in 1881. the Uni
versity of Cornell had real and personal property
10 the amount of 81. .O0O, 600. According to the
findings of the Surrogate, in 1881 the University
possessed s. ,oss.0l2 worth of property. But
the proceeds of the sale of the college land scrip
or lands located Herewith. was, at that time, due
or payable to the State of New-lork under the
Cornell contract of ssG. and the total amount
and value of the property owned by the Uni
versity over and above its obligations To the
States was $59s.5Ss.
Tie opinion rectes the reversal of the Surro-
gates findings by the New-York Supreme Court,
which were that in 1881 the University held
funds to the amount of So O1 5.4l4: that IL had
reached the limit Of its buildings and could not
take the property bequeathed by Mrs. Fisk and
that title thereto rested in the appellees.
The opinion holds that the only question sub
iect to review is whether the property held by
the university did exceed the amount il could
by law hold. The cOnr IS bound by the findings
OF the State Supreme Court and Court OF Ap-
peals 10 the value of the buildings and grounds
On the other point, as To the real holdings OF
the scrip and lands purchased 10y Mr.. Cornell, the
court holds that the profits, which he hoped 10
realize, We're intended To he gift from him per-
sonally 10 the university. and not from him as
mere agent Of the State or the United states
Therefore. the claim Of the university that &le
moneys and property derived from the sale OF
these lands formed no part Of the So, 600 600 of
B'iis5'S By is~ held 'Y the university Is not "''''"'
The Fiske will case has become notable one on
account both Of the amount of money involved and
the stubborn fighting in various courts in connection
with il. Mrs. Jennie Mct;raw Fiske was a daughter
of John McGraw Of Ithaca and the wife Of Professor
Willard F1ske. Of Cornell University. When Mr.. Nc
Graw died In 1877. he left his large fortune 10 his
daughter who was married 10 Professor Fiske in 1850
IN the following year she died leaving fortune OF
g. 900. 900 or more To her husband she bequeathed
$500 900: to her mother, 100000 10 five cousins.
100000 each Cornell University, for various pur-
poses S31 1000 and she left other sums 10 various
persons and charitable religious bodies. The rest
of the estate she bequeathed 10 the University as
library fund.
The Will was contested, however, by her husband
on the ground that Cornell University had no right
under its charter 10 hold more than S3OoOOOo In real
and other property. The full value Of the lands and
other property held BY the university under the
Cornell contracts. about -. 600 and the
value OF FiSke estate coming 70 the university uI-
der the will would amount 10 more than Sl,OOO,OOO,
fins swelling the total above the legal limit or MIS-
Fiskes fortune. however. abont Ss50o0O wa IN
vested In real estate in New-Jersoy. OHIO, Indiana,
Iowa, Michigan aud Wisconsin, and the surrogate
finally decided that the university had right TO in
het receive all the property devised 10 II ont
side Of New York This decision was reversed by the
General Term, and the has been fought In several
the university. has been made by the supreme Court
Of the United States.