The Bridgeport evening farmer., 1916-07-20
Jury, After Four Hours Deliberation, Decides That Millionaire Was Incom- potent When He Willed Residuary Estate To Uni versity.
Pinchot Brothers and Other Heirs Will Inherit About $1, ,0O0, 900 More Than Un-
 der Rejected Will-Trial Costs More Than $50O,- GOO.

in the Surrogate's Court, yesterday.
 The eight chief contestants were present when the jury, after four hours deltberation. returned its yer dict to Surrogate Cohalan and shook hands with the jurors, who for eight weeks and three days had listened patiently to the testimony O. upward of 200 witnesses.
 Immediately after the verdict was announced, Wallace Macfarlane, counsel for Columbia, announced that he would serve notice of appeal within 30 days and argue the case before the Appellate Division in the fall. If be loses he will appeal to the Court of Appeals. His request that the verdict be set aside was re- fused by the Surrogate.
 Heirs to Pay Benefit Requests.
 When MT. Macfarlane had finished speaking, John B. Stanchdield,i trial counsel for the contestants, told the court that although his clients were in no way bound to do so they would pay all the charitable and educational bequests, amounting to $1,050,000.
 It was also announced that an earlier will dated Jan. g., 1914, would be pressed for probate provided the verdict is upheld by the Court of Appeals. This provides among oth- CT things for one educational be- quest of $2,000, 900, and distributes the $4,000, 900 residuary estate. bequeath- ed in the contested will to Columbia, to Henry c. Emo and Mary A. Pin chot, brother and sister, both of whom are dead. Under the law their shares will descend to their children. all of whom were contastants.
 The contest has attracted wide- spread attention, partly because of the size of the estate and partly be- cause certain of MT. Eno's private papers were burned day or so after of these papers was made strong jury. N
 Columbia Bequest Led to Contest.
 When the heirs, all wealthy. and generously remembered by the dece- dent, learned that, on June IS, 1915, MT. Emo had executed a. will in which he left his great residuary estate to Columbia, an institution not men, tioned in three earlier wills, they be- gan investigating the circumstances surrounding the wills execution. They came to the conclusion that MT. Enc believed his residue would Amount to only $150,O0O instead of $4,000, ,000. This and the fact that MT. Enc was known to disdain colleges led to the contest.
 The contestants were William P. Emo, brother; Mrs, Antoinette Emo Wood, sister; Prof. Henry Lane Emo, Amos R. B. Pinchot, Clifford Pinchot, nephews; Lady Antoinette Johnstone, Mrs. Florence c. Graves and Miss Mary F. Enc, nieces and several more distant relatives. The proponents were the executors, Lucius H. Beers and William Mitchell, Columbia, and five institutions, four of which received $250,co0 each. These were the Metro politan Museum of Art, the American Museum of Natural History, the New oYrk Association for Improving the Condition of the Poor and New York University. The other prononent was the New York Public Library, which received $5o,000 and MT. Eno's collec- tion of books and prints.
 When, at family conference, a contest was decided upon the heirs engaged brilliant array of counsel. John B. Stanchfield, rated as one of the highest priced attorneys in this country, was retained as trial counsel. Associated with him were Charles H. Beckett, former Surrogate; Arthur c. Train, former Assistant District At tcrney; Charles W. Perkins, former District Attorney; Clarke M. Rose c-antz of Sullivan & Cromwell and others. The opposition was represent ed by Mr Macfarlane, Henry De For est Baldwin, Austen o. Fox and sev- eral others. MT. Fox was chosen as tr,,' counsel
 The contestants brought their ac- ton on the allegation that MT. Emo had been subjected to undue influence by Mir Beers, who had been his per- sona1 counsel for years, and others: that he lacked testamentary capacity when he executed the will The fury found that he was of unsound mind when he signed the instrument. The charge of undue influence was ruled out by the Surrogate.
 At the outset 1t was proved that the day MT. Emo died MT. Beers, al- though he had not qualified as an ex- ecutor, entered the Emo home. No. s2 Fifth avenue and took charge. The same day. John E. Merz, long a clerk Tn the law office of Lord. Day & Lord, with which MT. Beers was connected arrived at Mir. Beers command.
 Burning of Papers Strong Point
 A day or two later the heirs found that Merz had ordered Svante John- son. the handy man. to burn several bushels of. the decedent's papers in the furnace. The relatives claimed these papers might have contained a later will or documents which would have aided them in establishing their charge oi undue influence.
 Of this act by Merz Surrogate Co., halan said to the jury in his charge:
 '"The evidence relating to this act of Merz is to Ssfted and examined by you. The lES imposed a duty upon executors named in the will to take charge of the papers of deceased