New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-12-01

OF tho nieees Of Mr.. Emo. for IL Is
limited that they might have sustained
the contention Of the contestants that
Mr.. Emo never intended that Columbia
University should have such large
share. and that he believed, as he once
said. that his estate would probably be
worth about $1,000, 900. IL is also con
tended that his act o. making uni.
versity, beneficiary OF about half OF
his estate wns quite contrary 10 MS
views on higher education. &,
William 7. Emo said that he had
heard his brother assert that
college education was a bad thing Tor
n young man H.
Surrogate Fowler heard an applica,,
ton yesterday for the appointment OF
temporary administrators to act until
the contest has been decided. CounseI
for I.ucius II. Beer. and William
Mitchell. the executors, asked that they
be appointed. Counsel FOR william 7.
Emo. the contesting brother. asked that
some disinterested person or y trust
company be named. lie argued that u,
however. the executors were appointed
as administrators, then member OF
the Emo family should be designated to
act with them.
Story lmpretses Surrogate.
That the story about the burned
papers made an impression on the
Surrogate, was shown By ms statement
'Jf IL were not for that would appoint
the executors" he said TO appoint
the executors alone after the destruc-
ton OF the papers though doh
suppose they had aNthing 70 do win
IL. Ia SnrT0RAfg
Fowler. then appointed Beers ana
Mitchell, the executors, and william T.
Emo.
Former Surrogate Charles II. Beckett
apneared for Amos X. +. and Clifford
Pinchot two of the contestants. lie
explained that the family OF Mr.. Emo
Wa aroused by the destruction OF the
papers. One OF the aflidavits presented
bv MIR. Beckett was by Mrs. Florence T.
Graves. a niece Of the testator.
She told OF going 20 the home OF her
uncle after his death and finding MISS
Helen Desperins, the housekeeper' IN q.
greatly excited condition. she SAID
Mrs. Graves quoted, that Mr. MerZ
was upstairs destroying everything ana
that he had no respect for anything
She said he was destroying my uncle
papers and letters and had even gone
into that holy Of holies, his safe MIS-
Graves continued: 81 went 10 the
library and called Mr.. Merl and he
came down. I stated to him, AZ ne'r as
! can remember, as follows:
az request you. in the name OF my
aunt and uncle. Mrs. Wood and Mr.
Emo. not to destroy anything, ana }
stated 70 him further that the. eNecu-
tors had not qualified and that ne
should not destroy anything. MI MeI%
then said: Very well. Mrs. Graves
When he had finished his argument
Mr.. Beckett asked Surrogate Fo"'er
TO take his points into considera..r.,o,n
in appointing administrators.
attack IS confined 70 Merz,' SAID couh-
sci for the executors. The Surrogate
wanted TO know who Merz was ana
when informed said: at IS very uh.
fortunate Your clients have been nut
in very unfortunate position.
Il was explained by Mr.. BALDWIN LOT
the executors, that Merz was sent 10
the house TO make an inventory ana 20
guard the valuable art collection. MerI
had no orders TO destroy anything l'
was explained.
"Nost eytraordnary," said Surro gate
Fowler. "He should not have touched
them: they should have been put under
seal"
William Nelson Cromwell, attorney
for three Of the contestants. said that
Mr. Emo had made several wills IN his
lifetime. but that in none OF them DID
he mention Columbia University. He
didn't believe in colleges said M.
Cromwell. "He believed in the self
made man. For this reason the family
is firmly convinced this is not the will
OF their uncle
II was announced Yesterday that
Lady Antoinette tombstone, niece o.
Mr. Emo and sister OF the Pinchot
brothers. would Join the other con
testants