The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-12-01
Law Clerk From Executors
Office Opened Safe, Sur
rogate Hears.
CONTESTING HEIR
MADE ADMINISTRATOR
Court Refuses to Let Trls.
tees Serve Alone on
Hearing Facts.

The fact tnat papers ietterS anu Wcf"-
oranda in the library of Amos +. Emo.
Who died October 81 leaving an estate
estimated at from s10.ooo,ooO to s15.-
1000, were destroyed by a clerk In
the f,rm of Lord. Day & Lord. Of which
I,,,cus II. Beers, one OF the executors
and trustees under Mr.. Eno's will, was
a member, Ia one Of the reasons for the
contest Of the will fled by Mr. Eno's
next Of kin on Monday.
The contest. which is based on allega-
tions that the bequest OF the residuary
estate Of millions To Columbia Cniver-
.i,v was obtained through improper in
nuences and that MIR. Emo had nearly
twice as much OF an estate as he sup
posed he had. came before Surrogate
Fowler yesterday on an application for
the appointment OF temporary admlnis-
traitors.
Before the application was made Lady
Alan Johnstone of London, niece OF Mr..
Emo and sister of clifford and Amos X.
t. plnchot. who was the only heir at
.aw not named AS a contestant on Mon
day. sent a cable message 10 her brother
N which she said: Join you In contest
ing Uncle Amos's will" Lady Johnstone
received s250.o00 under the will, and her
W. got the income on like amount.
When the case came before Surrogats
Fowler yesterday John Mel. Nash OF
counsel for Columbia University asked
tha, Mr. Beers and William Mitchell
also a lawyer. the two executors and
trustees under the will. be named as
temporary administrators. Philip q
Bartlett oi counsel for William i. Enc
brother of the decedent asked that !
Gi,in.erested. party or trust company
be named but said that IL Mitchell and
Beers We're appointed one of the heirs
s;..iw should serve with them.
Mr. beckett shows Facts.
Ex-Surrogate Charles A. Beckett
represent!ng the Pinchots. juined in the
request that disnterested party be
naa ed. and said he would prove "a state
o. facts warrantine such action. n,
ealnlIied tAe va!u. uf the rcsidudry be
Que, To Columbia at s7,oro.ooo.
The family is somewhat aroused. jus
as YOU and /. your Honor. would De. /
w. had passed thr ugh what they have
he destruction OF papers in the de
c,dents home since he died. said MIR
Beckett.
Mr. Beckett. then read from ai'idavit
b. Helen Desperins, Mr.. f.no's house
Keeper; SNant Johnson, tine handy maj
about the house Mrs. Florence G
taavet, niece. and the two fincho
h.piherS. setting forth details OF tn
l.gtru'tiou OF papers by John T.. Mcrz
i.w clerk from the office of Lord
Day & Lord who WAS In charge of Mr.
Ey. : residence for week after he died
Henry De Forest Baldwin OF Mr
Hror's frm, who was appearing for IN
- atuIs. Rad an affidavit by MerZ II
which lie sta. d that he had been witt
IT, law firm for eishteen years. and ha,
be tCld to relieve man who was II
charge Of the Fifth avenue house i'm
n'iiu IS after Mr.. Eno's death. II
sad he was merely instructed to ~
thar nothing was taken from the house
ss ther. we're valuable art objects there
Me'l said that he decided to make al
Inventory and began IN the library. Il
said he found old magazines, visitin
cards square envelopes with black Dor
aers and old glasses and eyeshades. II
looked AT Two packages of old letters
and opening two of them found the
we're merely acknowledgements OF flow
erS. He didn't consider them of An,
value, he eaid.
Most extraordinary" Interrupted Sur
rogate Fowler. lie should not hav
touched them. They should have bee
put under seal
Mr. baldwin stated that he and VI
Beers sent Merz TO look after the hous,
"iio received no orders to destroy any
hrs Any responsibility the executor
may hdv" incurred they will have t
stand he said