The San Francisco call., 1897-03-10
.F|SK'S DEAD HAND
ON THE DOLLARS
Even From His Grave
He Controls His Big
Fortune.
Children by the First Marriage
Cut Off With Very Small
Legacies.
As the Estate Is Worth About Half
a Million, a Will Contest Is
Probable.

filed for probate and it is something of a
curiosity. as was to be expected. The
original will comprises twenty-five pages
of closely written matter, and there are
two codicis of four pages each.
Throughout the document is manifested
the natural soIicitu0e of the testator for
the ultimate conservation of his dollars, to
the accumulation of which he devoted so
many anxious years.
In the first draft of the will Fisk de-
manded that the executors should give
bonds III the sum 1870. 900 for the faithful
discharge of their duties, but subsequent
codicil provides for the abrogation of this
condition, and asks that they be allowed
to serve without bonds.
That part Of the property belonging to
the deceased which is situated in the State
OF Massachusetts is estimated to Ds worth
about $4,000. and $4,000 of this is to be
distributed among the three children by
his first wife. The residuary legatees are
Mrs. Lydia Fisk, widow of the decedent
and their children, Arthur G. Fisk and
Mrs. Flora E. Wertheimer (nee Fisk),
share and share alike. Mrs. Fisk and Ar
thur G. Fisk are named as executors,
without bonds, but they are compelled to
deposit the funds of the estate in bank
whenever they have more than $40 on
hand.
Minute instructions are given for the
management of the different properties,
from the painting of houses and fences in
Boston to the paying of premiums on life
insurance policies in San Francisco. A
touch OF comedy is here inserted, when
the testator provides that said premiums
shall be paid from rents received from real
lot in MoS a n
sufficient, then the executors may borrow
money to pay the same sat a reasonable
rate of interest" which he suggests ought
not to exceed or per cent year. The
laugh will come in when those who used
10 pay him 5 per cent a month read this
Interpretation of his opinion in regard to
a reasonable rate OF interest.
Fisk saw SO much sorrow caused by by
pothecating claims and expectancies in
the way of monetary transactions that he
gave strict orders against his children do
ing any thing of the kind.
A great many stories were in circulation
yesterday about people bang disappointed
because they were lot rem EN- bered i'll the
will. 1t was reported that one old lady in
particular was promised pay for frequent
kindnesses in this way, but her name was
not in the list of benehciaries. In fact
there is no mention Of any person outside
of Fisk's i'm mediate family.
A characteristic provision is inserted
when the dead man requires that his son
shall pay back to his estate, or give bond
for the payment of $500, before he gets
any part of his legacy. This amount OF
$500, it is explained, was advanced to the
son in days of his adversely, which must
be paid to the executors OF the estate ''to-
gether with a small rate of interest
thereon"
1t Is evident that Fisk was not willing
| to trust the usual provisions of the law
for the safeguarding of his precious coin,
| for he inserted the following:
| hereby direct that ell money collected by
my executors either OF them shall be held
in deposit, and when the sum collected shall
exceed 800 IT shall be Immediately deposited
in the Crocker- w Woolworth Bank, and that all
claims against my estate before being paid
shall be approved in writing by both of my
executors and allowed by the Probate Court,
| and that all money drawn out of the bank for
| any purpose must be on the joint signatures
| of my executors; and l further direct that
| correct account in writing of all receipts and
| disbursements, showing TO whom all moneys
| were paid, the date OF payment and for what
! paid, shall be kept by my executorsIuntil the
| final settlement and distribution of my estate.
| Lyman B. Fisk, who, with pardonable
pride, is mentioned as my nephew, now
or formerly connected with Harvard Uni
vers.ty in Cam bridge" is constituted ex-
| ecutor of the will in regard to the prop
| erty in Massachusetts,.
The benefciaries under the will are as
follows: Asa w. Fisk, Denver; Thomas II.
Fisk, Alameda; Mrs. Pamela M. Hollis
(nee Fisk. Newton, Mass, $4,000 each.
The residuary legatees are Mrs. Lydia B.
Fisk. Arthur G. Fisk and Mrs. Flora
E. Wertheimer, all of San Francisco
The will was executed on the 14th of
| November, 1885, and the codicils were
made on the 23d and 25th of last January.
The petition for the probate is signed by
Attorneys M. M. Estee and A. G. Fisk.
the latter being the son of tue testator and
executor of the will. The petition states
that the estate is of the probable value of
$3.50, 900, but those competent to judge be-
Iieve thati will come nearer $500, 900.
! There is provision in the will that anv
one named as legatee who shall offer to
contest the will shall be cut off with only
| SIS, and that the monsy otherwise devised
| as a legacy to such person shall be divided
| among the other heirs. Notwithstanding
| this Introduction it is believed that there
| will be contest ON the part of the chill
dren of the first marriage who are allowed
so slim portion of the estate. Even be-
fore the presentation of the will legal
notices of appearance on behalf of the
children OF the first marriage were in the
hands of lawyers in this City and were
filed by Attorney Joseph Mckinley with
County Clerk Curry imm ediately after the
will had been recorded.
The first steps in the matter of probat-
ing the instrument will be taken in Judge
COffey's court on the Z3G inst,