The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-03-24
REACHING FOR A
USURER'S GOLD
A Suit That May Break
Asa Fisk's Last
Will.
Children by the First Wife Make
Demands for Their
Shares.
The Escapades of the Money! nder
Exposed in an Action by the
Elder Son.


cessful imoney lender, is to be contested.
From an action in equity, filed yesterday
in the United States Circuit Court, it is
believed that the contest will be bitter,
spirited. and even sensational.
Those who unfortunately were obliged
to borrow money from the capitalist little
realized that back in the life of the capital
ist there was romance, the aftermath of
which must no doubt have caused him
many O day and night of regret and
worry.
Asa Fisk in his earlier life was rather
popular with the fair sex, and his first
known conquest resulted in his marriage
with Massachusetts girl. After three
children had blessed the union Fisk saw
and was smitten by the charms of another,
who completely won him from the side of
his lawful spouse and their offspring.
As soon as Mrs. Fisk took in the situa-
ton she made matters verv tropical for
her recreant husband, who at that time
was well-to-do in the worlds goods. She
undertook TO get her part of the COM
munity property besides alimony. The
prospect OF losing so much money caused
Fisk much annoyance, and he pleaded
that he might have the handling of what
would be two estates for the benefit of
their children.
The mother relented and Fisk. with his
latest conquest, started for California,
where he lived, grew richer on the neces-
stiles of others, and died. He left will,
in which he bequeathed his estate as best
pleased himself.
This did not please the elder son, Asa
Wellington Fisk, of Denver, Colo., for. as
stated he yesterday brought action in the
United States Circuit Court against Lydia
r. Fisk. who is Mrs. Fisk No. 2. and her
children by Fisk. Arthur G. Fisk and
Flora Elma Wertheimer. His own
brother and sister, Thomas Hollis and
Pamela, are included to preserve the
legality of the complaint.
The complaint is particularly directed
against Mrs. Fisk No. and her first
born, Arthur G. Fisk. the pretended Off
ciaI executors OF the last will and tesla
ment of Asa Fisk"
The document is full OF life and sensa-
tional features, for it attacks the legitimacy
of the fi-st-born of Mrs Fisk No. and it
is asserted that the complainant seeks the
United States courts, as he fears that he
cannot secure the proper relief from the
State Probate Court.
The complaint charges that most all of
the estate of Asa Fisk before he made his
an estate held by the deceased in trust for
the complainant and his sister and
brother and not subject to devise and
deed by Fisk, but, on the contrary, was
held by him solely to use, accumulate
from and finally at or before his death to
deliver TO the children of the frst wife or
to leave to them through trustee so that
legal title to the same might pass to the
com plainant and his brother and sister IN
the following proportions: To Asa We'll
lington Fisk. the undivided three
seventies; to Pamela MAHollis the undi-
vided one-seventh, and to Thomas H.
Fisk, the undivided three.sevenths.
The complaint explains the matter OF
the trust by saying that it was created
and brought about between his mother
and the deceased Asa Fisk in considera-
ton of forbearance and suspension of liti-
CATION existing between the mother and
father concerning the estate of the former
at the time they were living together.
An interesting feature showing the
skeleton in the Fisk closet is exposed in
the document, which goes on to say that
Asa Fisk, deceased, and Pamela Hollis,
mother of the complainant, were married
in 1843, and that 'while husband and
wife, the deceased became attached to the
said Lydia B. Fisk, and meretricious rela-
tions became established between said
Asa Fisk and said Lydia B. Fisk" While
that relationship was being carried on
Lydia B. claimed that Asa Fisk was the
father OF her unborn child. subsequently
Arthur G. Fisk. Mrs. Fisk No. obtained
a divorce from Asa Fisk in Massachusetts,,
and in their settlement it was agreed that
If the father should make suitable provi-
sion for their children she would forego
permanent alimony and that further lii.
CATION for her rights should end simply
with the divorce.
a, 10 xsxv hnr QS000 t.
and property should be allotted to her as
trustee for her three children, which she
would advance to them by deed. Fisk
was to take the remainder OF their Joint
estate and the remainder of his individual
estate and placs the same under his best
management and make it learn as much as
it might for the benefit of the three chill.
dren.
Asa Fisk was evidently. for once, in
position when he had to accept these
TERMS and the mother fulfilled her part
OF the agreement.
The complaint further states that but
for his mother making these terms with
his father, she might have continued the
litigation against him to his financial un-
doing. Had she not relied upon him keep
ing his word, she would have secured the
lions share of the com munity property.
This agreement OF term: was made and
settled in 1853. and in that year Fisk went
10 California, taking with him about
sos 600, which he united with part o; the
trust estate, which made total of about
SIS, 900. A part of the trust estate he left
in Massachusetts,. Later he married
Lydia B. Fisk.
In 1880 he made fulfiIlment OF the trust
by signing q conveyance of the trust and
its Obligations to Monroe Greenwood, now
deceased, who was made thereby the trus-
tee for the com plainant and his brother
and sister. to be held aud managed by
Greenwood for them in this manner:
First, Asa Fisk was to enjoy the same
during his life; second. Greenwood should,
at the demise of Asa Fisk, take control of
the estate and ascertain what was trust
estate and what was not and pay over one
III. and Pamela as follows: To Asa W.,
three seventies; to Thomas B., three
sevenths, and to Pamela, one-seventh,
and invest the balance in Uniteo States
Government bonds.
This agreement or deed of trust was
made and signed in duplicate. Since the
death Of Greenwood the deed of trust has
been mislaid, but its contents are well
known to the complainant. Tho latter
says that during the holding o: the trust
estate Asa Fisk united the same with an
other estate and at present it cannot be
ascertained how much OF the estate is
thus affected.
In conclusion, the complainant asks
that the Federal court take possession of
the estate and order the inspection of
Fisk's books, papers and accounts by the
Court Commissioner or other officials in
order that the two estates, the trust estate
and the other, may be separated.