The Bridgeport evening farmer., 1916-07-20

person and to preserve the same. The law looks with disapproval upon the destruction, before the probate Of a will, of any papers. documents or ar ticles belonging to the decedent, and the law requires satisfactory explain ation of any such destruction"
 During the trial the Surrogate said from the bench that he believed 1t incumbent upon MT. Beers to ex- plain the act of Merz, if he could ex- plain it, but there was no\ response. Merz testified the papers destroyed were of no consequence, but some, saved by Amos R. B. Pinchot, who found them in a garbage can, proved otherwise.
 The heirs made it plain that they were contesting the will merely be- cause they did not believe it repre- sented MT. Eno's wishes. Why he gave so large a share of his estate to an institution he detested. and fre- quently declared he had no use for, was beyond their understanding. This was driven home time and again.
 Stories of Eccenricities Weighed
 The evidence not only showed MT. Eno's poor idea of colleges, but prov ed that in his last year he grew for getful, morbid and cratic. Many stories of his peculiarities were told and the attorneys concluded that if the jury believed the witnesses they could not declare the decedent to have had enough command of his faculties in June, 1915, to make an intelligent disposition of his ! great holdings in realty and securitiess
 After the verdict had been brought in Mr Rosencrantz gave out state ment on behalf of the heirs in which he made their position plain.
 "Al1 of the contestants after seeing Mr. Eno's diaries" he said, decided to make this contest because they be- lieved the will did not express the real intention of the decedent. His diaries did not mention Columbia University as being among the 'lega- tees, and, while they were aware of his dislike for colleges, they felt that inasmuch as he had mentioned cer- tain charitable and educational insti- tutions in his diaries they agreed last cassful in the contest, they would pay those bequests, provided, of course, that the will of 1914 is later pro- bated.
 ..The 1914 will contained no charit- able bequests except the one to the Mechanics' and Tradesmen's Society. Notwithstanding this, the heirs will see to it that all the charitable be- quests in the 1915 will. except that to Columbia will be paid. This is be- cause these institutions were men- toned in MT. Eno's diaries"
 No Contest of 1914 Will Likely.
 As each of the contestants will benefit by the probating of the 1914 will in place of the one upset, there can be no contest by them. Only one relative loses. This is Amos R. Enc, a grandnephew, who was given s1. 500. 900 in the 1915 will and s1 .o0O, 900 in the will of 1914. This was in trust, the principal to be paid when the young man reached the age of 21. He will be taken care of.
 Of the contestants Prof. Henry Lane Enc will benefit most. He is the, only son of the late Henry c. Enc, who received half of the residue un- der the earlier will. This will revert to him, together with a specific be- quest of $6oO,000. In the 1915 will he was bequeathed but $50,000.
 in the 1914 will the other half of the residuary estate went to the late Mrs. Mary A. Pinchot. mother of Amos R. E. and Clifford Pinchot and Lady Johnstone. This will be divided equally among them, and with specific beouests will make their shares about $1,OO0,000 each.
 In the will broken yesterday the Mechanics and Tradesmen's Society received $1,S00,000., In the 1914 will it was given $2,000,000. Hence this institution will have no complaint to make. It was greatly favored by MT. Enc for the reason, he said, that 1t taught men to do something of use to the world. His complaint concern ing colleges was that they sent men into the world poorly equipped to make their way.
 The nephews and nieces to be re- membered in the later instrument were left their gifts with a string to them In all instances they were not to be paid the principal until they became thirty years of age and they must always remain residents of the United States. In event they died their shares were to go to Columbia. Therefore the university was con- tingent legatee for several millions in addition to the amount of the residue
 MT. Beckett said last night that. last November, the contestants, after comforting with him, and with Will liam Nelson Cromwell, entered into written agreement whereby. should the will be broken, they would pay to every institution mentioned in MT Eno's diaries the sums bequeathed to them in the 1915 will. It was agreed that no announcement should be made until after the verdict was rendered.
 After thanking the jurynen Sur rogate Cohalan allowed them $10 a day in addition to the $2 they are