Fisher v. Minshall

Plaintiffs in error, heirs at law of deceased, are hereinafter referred to as the heirs, defendant in error Min-shall as the administrator, Number Nine Pearl Street as Number Nine, the deceased as Fisher, and one Thomas Wolfe as Wolfe.

The administrator brought this action against the heirs, seeking simply the court’s judgment as to the final disposition of the assets of the estate. Fisher’s will required these to be devoted to a specified trust. This was admittedly impossible. Number Nine, by intervention, sought these assets under the rule of cy pres, i. e., “as near as may be. ’ ’ The court…