The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1898-09-14
THE Is1rRssrIse FISHER WILL CASE.
History Of Contest Decided By Judge
Barker


only to the legal profession. bat TO the
general public, and we append a short
history of il. the facts therein contained
being the same as presented TO the Court
in a case stated, upon which argument
was made some time since. and therefore
the same upon which the Judge based his
decision. These facts are as follows:
Pearson Fisher. of this city, died single
and testate February 5, 1896. leaving to
survive him one brother and three sisters.
viz: Milton B. Fisher, Annie C. Fisher,
Helen Jones, and Susan Z. Byron. all of
whom were married except Annie C.,
and three nephews and two nieces, viz
p. Fisher Jones, w. Hubert Jones, chill
dren OF his sister Helen, and Edgar o.
Fisher and LEVEL Fisher. children of his
deceased brother-John Fisher; Kitfie
Clawson, daughter of his deceased
brother-George C. Fisher. Testator's s
estate consisted Of real, personal, and
mixed property.
To each of his nephews he made be-
quests of specific sums and chattels.
The remainder of his estate he devised
and bequeathed, one half 10 his sister
Annie C. Fisher; from which share he
directed to be deducted the sum Of s, ,0OO,
being the consideration money for a lot
of ground conveyed by him to Annie c..
during his lifetime, which said sum of
5000 he directed should be added 10 the
remaining one-half of his estate, which
he devised and bequeathed, share and
share alike, to his brother-Milton q.
Fisher-and sisters-Helen Jones and
Susan i. Byron-their heirs and s2signs
forever.
There was, however, this qualifying
language in reference to the devise and
bequest to his brother-Milton b.
SHOULD my brother-Milton b. Fishers
wife survive him, my said brother, the
share devised and hequeathtd to him.
my said brother-Milton b. Fisher-or
so much as shall remain unexpended at
his death, shall go to my said sisters, viz !:
Annie c., Helen, and Susan E., share
and share alike, their heirs and asst !, rs
forever" The testator appointed his sis
ter-Annie c. Fisher-Executrix of his
will, and letters testamentary were duly
granted to her February Is, 1895. when
she took upon herself the duties of said
trust.
The Executrix, in compliance with the
provisions of the will, transferred and
delivered to Milton b. Fisher the follow
ing items of personal property viz: jan
uary Is, 1896, cash. Sl,s50; January 20,
1896. cash $50; March 4. 1896, cash $500
April 2, 1896, cash. S67-aggregsting 81
297, which sum was deposited in the First
National Bank of this city. During the
period from January is. 1895, to April ?,
1896. Milton B. Fisher drew checks
ag inst said account amounting to S963 80,
leaving a balance in the Bank to his
credit at his death of 81, 3S3 50. Also on
the same date the Executrix transferred
to Milton B. Fisher tue following bonds,
stocks, and securities: Five shares OF
Pennsylvania Railroad stock, value, $3.50;
two shares First National Bank stock OF
Johnstown, value, $50, and one thousand
dollars registered bonds Of the United
States, value, sl,lSS; fifty-six shares
Cambria Iron Company stock. value,
8, ,240; Chemical Works stock, valne, $50
nine shares Johnstown Water Company
stock, value, 81, l,O35.
At the date of Milton B. Fishers de-
cease. May 6. 1896. the increment, or div
idends. was Sc. and on the Pennsylvania
Railroad stock, s. so. Immediately on
the transfer OF the said stocks, bonds, and
securities. January 1896, to Milton B.
Fisher. he placed them in the custody
and keeping OF his sister-Anuie c.
Fisher-since which time they have re-
mained il her possession.
Milton B. Fisher died, intestate and
without issue. May 5, 1896, leaving to
survive him a widow-Mary +. Fisher
and three sisters Annie c. Fisher, Helen
Jones, and Susan f. Byron-devisees
named, and noted above, in Pearson
Fishers will.
Letters of administration were granted
10 Milton B. Fishers widOw-Mary f.
Fisher-May -, 1896, who brought suit
to recover possession of the several items
and articles Of personal property above
CnnAhCAaNc0- tttrt W a, COuuuCltu Dl
Attorneys w. Horace Rose, Of this city,
and f. ]. KOoser, of Somerset. The
claim was that they belonged to the
estate of Milton B. Fisher, and that they
could not revert to the sisters OF Pearson
Fisher, as be had provided in his will
when the bequest to Milton b. Fisher
was made.
the interests of the sisters of Pearson
Fisher were intrusted to II. II. Kuhn and
r. 5. Murphy, Esqs-. Of this city. Their
contentious. as presented to the Court,
were as follows:
First, That the items and articles of per-
sOnal property. enumerated and describ-
ed, aud the title To which is in dispute,
are identified by the case stated as part OF
the estate OF Pearson Fisher, the testator
named.
Second. That the provisions Of the sew
en,h paragraph of the testator's will
limits Milton B. Fishers interest in the
r al estate devised to lie estate; that,
therefore, the personality bequeathed
und n the same provisions, being blend
ed with the realty, is subjected to the
same conditions and limitations as that ol
the real estate,
Tlird, Therefore, the said bequest &c
Milton B. Fisher was not an absolute gift
but only a qualified interest in the same
with authority and power to use the in
cremeat and so much of the principal as
might be necessary during his lifetime
and at his death his wife-Mary E. Fish
er-having survived him, the balance Of
said personally remaining unexpended
at his death, together with his interest in
the real estate. was devise aud bequest
or gift, over 10 the testator's three sis
ters-Annie C. Fisher. Helen Jones. and
Susan E. Byron-which bequest or gin
took effect at the time of Milton b. Fish
eris decease.
The view set forth in the above con-
tention IS evidently the one entertained
by the Court, since the decision is that
the estate in controversy reverts TO the
sisters of Pearson Fisher. The amount