New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-05-19
Hatred of Colleges Makes
Gift to Columbia Un-
usual, Train Argues.
KIN PURELY SELFISH,
EXECUTORS DECLARE
Want Charity Requests Them
selves, Fox Asserts-DOctors
to Testify to Incompetency.

Opposing counsel opened their cases
yesterday in contest over the will Of
Amos X. Emo in the Surrogate's Court.
Austen G.. Fox, chief counsel for the
proponents. argued that the contest
ants, who include Amos X. h. Pinchot,
Clifford Pnchot and Professor Henry
Lane Emo, of Princeton. not satisfied
with what the testator left them out
Of his $4,000 900 estate, had sued be-
cause they had nothing to lose except
their self-respect and everything to
/ gain" The contestants thought. Mr..
I Fox said. that "Uncle Amos must have
been crazy, or he never would have
given anything TO public charities at
all"
The centre Of the fight being waged
/ by the brother, sister and seven neph-
/ ews and nieces of Mr.. Emo is the resid-
usry bequest TO Columbia University,
which will amount 20 about s7000,0 900.
+ He also left $500, 900 TO the General
Society for Mechanics and Tradesmen.
Dlsliked College and Butler.
Arthur c. Train, for the contestants,
focused on the seeming incongruity
of the. large gift to Columbia Univer-
sty. Mr.. Emo, he said. not only was
opposed to college or university
training, which he contended made
"drunkards and loafers" OF young men,
but also entertained a particular aver
sion for DR.. Nicholas Murray Butler,
president Of Columbia University.
Mr.. Train pictured Mr.. Emo when
vigorous old bachelor leading a happy
life at 80 Fifth Avenue. He enter
tanned much and led convlvial life
until his health broke, racked by dis
ease and further weakened by an acct
dent. Then Mr.. Emo. at least eighty
years old, became incompetent and "a
pathetic figure" said Mr.. Train.
THE family is not contestlng the
probate of Mr.. Eno's will" said Mr..
Train. This propounded paper is not
the will of Amos 7. Eno-it is the will
Of Lucius II. Beers and William Mitch
ell"
Mr.. Beers. gentleman and lawyer"
as Mr.. Train referred 10 him, is
member of the law firm OF Lord. Day
Lord. He is a Columbia graduate, as
is Mr.. Mitchell a lawyer. Mr.. Beers
drew the contested instrument, and he
and Mr. Mitchell were named as eX-
ecutors. The three witnesses TO the
execution Of the will sre associated with
Lord. Day & Lord. The will was
signed on June IS, 1915. seventeen
Ena had made
other will leaving most Of his estate to
his kin and heirs. Columbia University
was not mentioned rs a legatee.
Influences Charged.
The contestants say that in the inter
val between the two Wills Mr. Emo
became not only mentally incompe-
tent TO make will, but was subjected
70 influences which his enfeebled men.
tality rendered him unable TO oppose"
Physicians are to be called 70 TESTIFY
10 the testator's incompetency.
Mr.. Emo. the only one OF several
brothers who did not have a college
education. was further embittered
against higher institutions OF learn
ing because his brother. John {.
Emo. a graduate Of Yale, defaulted with
$4,000. 900 while president of the Sec
ond National Bank. Much of this sum
was made good by the teststor.
"His brother John had been the most
popular man in Yale at his time said
Mr.. Train. But he had been failure
in business and Amos always said col
lege had ruined him"
Edmund Biguat, Mr.. Eno's valet. has
come from the trenches in France 70
testify. He is expected 10 tell about
his employer after diabetes, heart
trouble. govt, bronchial pneumonia, an
operation. fall down the companion
way of a steamship and his age had
affected his mind. Biguat had TO humor
his aged employer. This he did some
times by taking him by the ear and
saying, "Come along, old boy, it's time
to 20 to bed"
New Juror In Box.
Mr.. Train said that Columbia
University not only receives the res
idue under the will. but Is the bene-
ficiary of about S3,000,000 in trust
funds created for heirs, in case they
did not reach the age Of thirty or died
without issue.
Mr. Fox, for the executors, said that
the members Of the family had been
literally treated by Amos r. Emo,
father of Amos F. Emo, and that the
latter had returned TO the family in
his will S4,600,00 although he inner
tied from his father only S3.16l.446.
Arthur X. Friedlander. of 1851 Sew
onth Avenue, was chosen yesterday as
Juror to take the place of Morris Langs'
dorf. who retired through illness.
Friedlsnder is the only Columbia grad