A Summary of the Founding of the Jonathan Fisher Memorial and of the Purchase of the Fisher House

This account of the origin of the Jonathan Fisher Memorial Incorporated was researched from papers turned over to William P Hinckley after the death of Miss Ethelwyn Hinckley in 1970. One lot of papers was sent in March 1971 by David 0. Ashton, Jr. They were said to be papers that were in his father’s possession at the time of his death. They were in one sturdy envelop marked “Original Papers”, and they were inventoried in a separate accounting. The second lot of papers were in the New York apartment of Miss Ethelwyn Hinckley at the time of her death, and they were forwarded by the executors about April 1971. There was such a mixed mass of material that no attempt was made to make an inventory.

The Fisher property had been all but abandoned by the Fisher family. By the end of World War II it was in a sad state of disrepair. For a time the doors stood ajar and people wandered about at will. Fortunately Roland Howard had provided some protection, and. much of the furnishings had been removed by him, The building was basically sound, but it had had no paint or other repairs for many years.

The existing correspondence reveals the difficulties of getting the owner of the Fisher farm to come to a decision on the sale of the property even though his first response to an inquiry regarding the purchase indicates a desire to see the property restored and preserved, and he indicates a desire to give relatives preference when he sells.

The first letter from James C. Fisher, who was then residing in Kansas City, Missouri was addressed to Miss Mary Ellen Chase, and it seems to be an answer to a joint letter from Miss Chase and Miss Ethelwyn Hinckley.

It is clear that Mr. Samuel Fisher of Litchfield, Conn. also showed an interest in obtaining the Fisher home in Blue Hill for purposes of preservation, It is not too clear that he was already aware that others were also thinking along these lines.

Reference is made to a letter from Ethelwyn Hinck1ey to David G. Ashton dated August 24, 1948. From his answer it seems he was asked for advice on what to do about the old Fisher place, which was fast falling into a sad state of repair. He suggests that the Blue Hill Historical Society should take it over, arid that she might look into the feasibility of helping financially. There is no indication that such a proposition was ever put before the Historical Society that was trying to be active at that time.

It is uncertain what transpired immediately after November 1948, but on May 4, 1949 James C. Fisher wrote Ethelwyn Hinckley offering a lot 210 feet by 225 feet around the house. The suggested price was l200. He said that he intend to make some disposition of the property that same year.

On August 7th to the 14th, 1949 the Blue Hill Historical Society held an exhibition of Fisher things in the Fisher House.

On August 11, 1949 Samuel T. Fisher wrote to James C. Fisher in regard to the house, and be suggested that his grandson, Theodore Fisher Babbitt might ‘be willing to inspect the house for them.

James Fisher responded favorably, and he stated that his brother, Willard Fisher, no longer has any interest in the house. He had been told that the local Blue Hill library was to be renamed the Jonathan Fisher Memorial Library, The family seemed to have an interest in restoring and maintaining the house. On the same date as James C. Fisher'’s letter Samuel H. Fisher wrote Ethelwyn Hinckley that the house should be taken over by the Historical Society, but that no decision would be reached until Theodore Babbitt made his report. He says that Roland Howard "has the furniture and it would seem it should be in the house." He also says that it is a pity that the Kansas City Fishers are so difficult to deal with.

On August 26, 1949 David Ashton wrote Ethelwyn Hinckley that It may be that she can work with Roland Howard in a modest way where others have failed.

On September 7, 1949 Samuel H, Fisher wrote to Ethelwyn Hinckley expressing the hope that there are others besides the two of them who will take an interest. He also wrote Roland Howard that he would like to procure the property for the Blue Hill Historical Society or another grout. He says he Is ready to make a substantial contribution. Theodore Babbitt had recently been to Blue Hill, and he had been to see Roland Howard.

By October 25 1949, after a conversation Ethe1wyn Hinckley, Samuel Fisher had decided that he does not care to purchase and restore the house as there is no suitable organization to care for it in the future.

About this time it is plain that booth Ethelwyn Hinckley and Samuel Fisher had tried to interest the Society for Preservation of New England Antiquities in this property. Its Director wrote Ethelwyn Hinckley on October 31, 1949 that this project was not of sufficient interest to the society to become involved.

On November 7, 1949 James C. Fisher made an offer to Ethe1wyn Hinckley to sell the house and barn for purposes of preservation for fl200. Apparently Samuel Fisher had also been negotiating with James C. Fisher as on February 2, 1950 Samuel Fisher wrote Ethelwyn Hinckley that he withdraws and supports her activity in this matter. James Fisher had asked just what land Ethelwyn Hinckley wants with the house, and he refers to the earlier offer made to her and Mary Ellen Chase.

Early in 1950 Samuel Fisher wrote to Mr. Gurnee Gallion who had looked into the local interest in this project at the request of Mrs. Frederick Camp. Mr. Gallion had concluded in a letter to Ethelwyn Hinckley dated February 26, 1950 that the library would be the logical agent to purchase and. retain the Fisher house. Samuel Fisher had been in contact with Mrs. Camp in regard to the local interest in this affair.

About this time Mr. Roland Howard sent Ethelwyn Hinckley a sketch of this property with measurements. He also stated that Irving Leach had written to James C. Fisher regarding the property. There was some concern about the failure of James C. Fisher to come to a decision in regard to the house, but an undated draft of a proposed transfer with a statement that he was anxious to get the matter settled reached Ethelwyn Hinckley about this time. Then in May of 1950 James C. Fisher reports trouble with his wife, involving her affair with a brother-in-law, has tied up his affairs temporarily.

in January of 1951 James C. Fisher again offers the property with a lot 250 feet by 250 feet. but he hedges in regard to the unpaid taxes. David Ashton promptly sent off a telegram offering $250O for the entire farm. James C. Fisher telephoned to reject the offer saying "letter follows." More than eight months later he writes for the first time asking .8O00 for the entire farm or suggesting a lot 300 feet by 350 feet for $31,500.

In the summer of 1951 negotiations were stepped up. Ethe1wyn Hinckley wrote James Fisher that the price seemed high. David Ashton wrote Ethelwyn Hinckley that the deal seemed all right. Ethelwyn Hinckley asked James Fisher if he would wait while she investigated the interest of an unnamed national historical society. James Fisher does not commit himself, but he proposes a counter offer, and he said that Roland Howard proposed that a local historical society take it over. David Ashton wrote to make an otter. aria. on August 27, 1951 James C. Fisher accepts only by reason of the proposed preservation of the property. David Ashton suggested careful measure of the property to see if there was sufficient room around the barn.  A letter from James Fisher dated Sept. 10, 1951 has been filled with penciled notations, apparently made by David Ashton. The pencil notes on the letter Indicate several changes are being proposed, especially the Increase of the depth of the lot to 370 feet. This was apparently to insure the Inclusion of the barn.

There is no record ‘of the final negotiations. In June of 1952 Mary Ellen Chase wrote Ethelwyn Hinckley, and she was apparently planning to share the expense end responsibility of repairs with Miss Hinckley.

On July 10, 1952 David Ashton sent the deed to James C. Fisher telling him that Ethe1wyn Hinckley would buy the property for $1500, as there was not much other support, only advise, regarding the project. There was some difficulty with clearing up the back taxes and with a notary, and James C. Fisher demanded a check made out in the name of ‘both himself and his new (his fourth) wire.

A deed to the property dated July 14, 1952 transferred ownership from James C, Fisher and Irene B. Fisher to Ethelwyn Hinckley, Abstracts of Title indicate the history of past title transfers of this and other property In the Fisher family. This transfer is recorded at the Hancock County Registry of Leeds in Book 748, Page 317, and it is dated Aug. 6, 1952.

The deed transferred. a plot beginning at the street beginning midway between the ends of the parsonage, east 150 feet along the road, south at right angles to the road 370 feet, west at a right angle 300 feet, north at right angles 370 feet to the road and east 150 feet on the road to the place of beginning. This is a section out of the irregularly shaped home lot of 94 acres, as shown on a sketch. Reference is made to a deed recorded at the Hancock County registry of Deeds In Book 681; page 187 and dated Sept. 18, 1941. On October 24th 1952 David Ashton delivered the deed to the Fisher House to Ethelwyn Hinck1ey.

At the end of 1952 there were still some questions regarding town taxes.

In May of 1952 Gaylord Hall, a grandson of Jonathan Fisher, was ailing, and Robert Hal]. was sorting his papers. (He saved 40 packages, and he discarded much more.)

By July 1954 David Ashton was calculating the cost of the house. A preview was scheduled for the week of July 30th. Hr. Ashton was offering advice on forming an organization.

In early summer the Society for the Preservation of New England Antiquities sent $Ethelwyn Information on forming a corporation, and American Antiques Society expressed pessimism over the permanency of such an organization.

A. B. Herrick made an estimate of repairs by himself and by Donald Wescott of $475, but dust what was involved is not stated. David Ashton was cautioning to proceed slowly”. Pearl Frances Stepens praised Miss Hinckley for her move.

There seems to be no written record of the arrangements leading to the formation of the Jonathan Fisher Memorial, Inc. but it seems that the entire legal preparations were in the hands of Mr. David Ashton. This account has been pieced together from the available evidence.

A letter dated July 30, 1954 from David Ashton to Miss Ethelwyn Hinckley obviously outlines arrangements for setting up a corporation. It is clear that earlier arrangements have been agreed upon. Obviously the necessary papers had already been prepared, and the letter states that the second step in the procedure is “to conform the copies attached to the warrant”. It says that a copy of the “proposed by-laws” is enclosed It also states, “I have endeavored to make the By—Laws very simple ... . .

What seems to be the original copy of the By-Laws prepared by David Ashton was with other papers dealing with the incorporation7 He completed all necessary legal documents, but the By-laws remained incomplete, in that the matter of membership was yet to be decided. (It appears that it never has been officially decided, but a system of charges has been In use for some years.)

The same letter suggests it is “quite in order to add the names of the membership… on the adjourned day of the first meeting..., allowing enough time to elapse to get the Attorney General’s office to approve the proceedings and the papers filed in the Secretary of State’s office...” Mr. Ashton suggests he could get this accomplished and ready for a further meeting on the 28th of August.

Apparently an application was duly presented to Mr. Frederick S. Wardwell, Justice of the Peace, at Castine on August 4, 1954 requesting him to issue a warrant requiring a meeting on August 21, 1954 for the purpose of organization of a corporation. The document is dated Aug. 4, 1954, but it was signed by Mr. Wardwell one day earlier.

The First Meeting of Incorporation was held at the home of Ethelwyn Hinckley at 2:30 P.M. on August 21, 1954.

It was duly voted (according to minutes previously prepared, probably by David Ashton):

  1. The application and warrant be affixed to the record of this meeting.
  2. The applicants organize into a corporation.
  3. The name shall be Jonathan Fisher Memorial Incorporated.
  4. The location shall be Blue Hill, Maine.
  5. (The purpose of the corporation was defined.)
  6. Membership shall consist of the original incorpor­ators and all other persons who may be admitted to membership by vote of the corporation or by vote of the Board of Trustees,
  7. That unless and until otherwise provided by the By-Laws when adopted . . . the Board of Trustees consisting of seven members and four officers who shall be Trustees.
  8. Proceed with election of Trustees and. Officers. A written ballot was taken as above. The Secretary was then sworn by Frederick S. Wardwell, Justice of the peace.
  9. Voted to file a Certificate of Organization as Required by Sec. 4, Chapter 5, R.S.
  10. Voted that the meeting recess to permit preparation of a set of By-Laws and reconvene at the same place on a date not set).

The CERTIFICATE OF ORGANIZATION and the By-Laws were already prepared. even if still incomplete, as is evident from the type of paper used and from the typewriter used.

The CERTIFICATE OF ORGANIZATION is dated July 21, 1954. It shows the officers as:

Various notations, rubber stamps and signatures show the following sequence of events:

  1. Made oath; August 24, 1954
  2. Certified by Secretary of State; September 7, 1954
  3. Received at Registry of Deeds Recorded there in Volume 6, page 47; September 14, 1954
  4. Certified at Office of Secretary of State and recorded in the Records of Corporations in Volume 14, page 2; September 24, 1954

What appear to be the original By-Laws are in a blue binder, but they remain undated and unidentified so it is not now certain that they have that distinction. The only change sixteen years later seems to be a slightly different date for closing the annual records. The matter of memberships has never been officially added, though a system of three classes of memberships has been in use for some years.

At the First Meeting of Incorporation the fifth item of business spelled out the purpose of the corporation. This was not stated In the By-Laws.

The sixth item of business specifies that members shall be admitted only by vote of either the Corporation or the Board of Trustees. This was not provided in the By-Laws, and it seems unlikely that members have been voted into membership though the first membership list was apparently so accepted.

The tenth item of business recessed the meeting to permit preparation of the By-Laws.

The record of the Adjourned Meeting of Incorporation as it was reconvened a few minutes after recess of the first meeting was obviously previously prepared for expediency. This record was never actually completed. It had previously been directed that this could be accomplished on August 28th. Actually the record shows that the meeting reconvened at 3:30 PM, on August 21, 1954, the very same day.

The record of the Second Meeting of Incorporation shows that the President stated that the Certificate of Organization had been prepared, approved by the Office of the Attorney General, recorded in the Registry of Deeds and filed with the Secretary of State. This simply was not SO as the schedule of events is as set forth under the Certificate of Incorporation.

At the reconvened meeting on August 2l, 1954 the record shows the following action:

  1. Voted that a copy of the Certificate of organization be appended to the record of the meeting.
  2. A set of By-Laws was presented for consideration, and after discussion the following By-Laws were adopted. (They were not set down here however.)
  3. Members nominated from the floor, and they were elected as members. (The blanks provided for the names were not filled in, however a list of 82 persons is on a separate list that was with these papers and this undated list is thought to be the members.)
  4. Voted to adjourn.

There is no real evidence of the original number of members or their identity. It is presumed that this undated Membership List is a listing of the names voted upon at this meeting. The paper and type is different than the records prepared by David Ashton, but the membership list was probably made up in Blue Hill while the other work was done in New York.

It would appear that there might be some question as to the propriety of calling the recessed meeting back into session, Mr. Ashton had previously indicated that there should be a week between meetings, Some statements attributed to the President obviously are untrue. Could these circumstances effect the legality of the corporate organization as it exists at present?

This ends the chronicle of the beginning of the Jonathan Fisher Memorial, Inc., as it was possible to piece it together from correspondence and other papers. On September 20, 1954 a number of the initial gifts of Fisher memorabilia were acknowledged. No mention had been made of any previous gifts of this sort.

It is possible that other facts regarding the origin of the Jonathan Fisher Memorial, Inc. may still come to light, as all of the accumulation of papers has not been studied carefully. This seems to cover the facts as they have been revealed to this date.

A deed dated July 22, 1955 given by Ethelwyn Hinckley transfers title to the Fisher parsonage and lot to the Jonathan Fisher Memorial, Inc. It was recorded on Aug. 3, 1955 in Volume 776, page 44 at the Hancock County Registry of Deeds.