The San Francisco call., 1897-07-10
THE MILLIONS
FISK HOARDBD
Claim Of the Dead Money
Lenders Son for the
Entire Estate.
Asserts That His Father Held a
Trust Fund of $185 for
Twenty-Five Years.
Says the Fund Now Amounts to Nearly
Million Dollars, and He
Wants That Much.

Judge Seawell listened to argument in
million dollcr case yesterday. 1t was the
suit OF Asa w. Fisk against Lydia b. Fisk
and Arthur G. Fisk, executors of the
estate of the late Asa Fisk, for the return
of an original trust fund of $1S5 and the
profits resulting therefrom, which the
plaintiff estimates to come to the COM
Portable sum of $1,000,0 900. If successful
this claim would swallow up the entire
estate.
Attorney M. M. Estee opened the argu-
ment in favor of the demurrer which he
and Attorney Daniel Titus had interDosed.
They set up several reasons why the plain
tiff had no right to maintain this action,
the nj ain point being that the claim was
uncertain and that it was not properly
begun, as the plaintiff had sued Mrs. Fisk
and Arthur Fisk in their individual capa-
city, whereas they could be brought into
court in a matter of this kind only as
representatives of the estate against
which the claim pretended 10 be held. In
addition to the alleged mis- joinder Of
defendants Mr.. Estee pointed out that
the claim had not been properly verified,
and besides the statute OF limitations had
run against it.
Joseph d. Kinlev, attorney for the
plaintiff, thought it was ridiculous to
think that the statute OF limitations
operated as bar to this claim. He as
serted this to be a continuing trust and
said that the deceased had not attempted
to disclaim the trust until Just before his
death in the month of Marcn of this year.
According TO the theory OF the plaintiff
when Asa Fisk came to San Francisco he
brought with him $lS5 belonging to his
Oldest son, the issue OF his first marriage.
The trust is asserted to have been created
at that time, the agreement OF the
trustee being that he would keep this
money invested and reinvesIed so that it
would be made to earn the best possible
interest and that all the resulting increase
should be kept and preserved for the use
of his beneficiary; the interest was said
to have amounted to as nigh as per cent
day In some transactions and in conse-
quence the son, Asa w. Fisk, demands
from the estate of his father, Asa Fisk, the
sum of 81 ,000,0 900 and trihe over for incl
dental expenses and losses said to have
been sustained by the plaintiff because he
invested in Tacoma real estate as the part
ner OF his father and on the latter's advice
and assurance of guaranty against loss.
Mr.. Kinley said the trust fund thus cre-
ated had been com mingled with the prop
erty and estate of the deceased in such a
manner that the plaintiff was not able to
lore it became necessary to institute the
proceedings at bar. He thought all the
objections to the form of the action were
without merit as matters of law, and in
sisted on going to trial on the pieadings
as they stood.
Mr.. Titus responded briefly, saying that
the executors OF the estate had acted
properly in rejecting the claim. He had
never before heard of such a proposition
as this. where it is asserted tnat an origi.
nal loan of $1S5 could have increased to
81 000, 900 in a quarter OF century. He
insisted that the legal objections against
the complaint were unanswerable, and
thought there was no way to amend the
pleadings. The only course open to the
plaintiff, in his opinion, was to begin a
new suit, if he feels SO disposed, after the
present action is dismissed.
Judge Seawell asked the lawyers for
their points and authorities and took the
matter under advisement.