New-York tribune., 1916-07-20
Jury Gives $4,000, 600
Residuary Estate
TO Contestants.
WILL DRAWN IN
1914 RECOGNIZED
p,ochots to Get 900
Each-Share for Other
Institutions.

The s4.ooo,o0O residuary estate OF
,.os F Emo. which has been the cen
a., Of s fight before Surrogate 'ohn
/ -oAalan for months, was lost to Co.
S,,,b;a University yesterday oy the
v.r5;e, Of the jury. The jurors heic
arr, Emo was not possessed OF tesla
rsntsrv powers in 1915, when he exc
-S the will leaving large part
,tsis estate 70 Columbia. and reS"g-
,i,sd the will made on January 9, 1914
xh;eh was contended by Eno's relatives
.,s heirs-at-law 70 be lawful.
Columbia University is the only one
- the educational and charitable IN
,.;.utions 10 which large sums were be-
oueathed. 10 lose by the verdict. In MS
final summing up John B. Stanchheid,
attorney for the contestants, declared
tina, amounts totalling Sl,0O0.OOO would
he rsjd the Metropolitan Museum OF
AT. the American Museum of Natural
History. the New York Public Library
and the Society for Improving the Con-
di,;on of the Poor. These institutions
AZ. named in the 1915 will, although
they are not mentioned in the earlier
Instrument. which will now be pro-
bated.
Eight Relatives Rewarded.
The eight relatives Of Emo who con-
tested the will are to be rewarded to
the extent Of from S50000 TO about
$4,000 900 each. Clifford and Amos Pin
chot. nephews of the testator, will re-
ceive more than s1,OOO,OoO each, in
stead Of the s25O,00O left them under
the 1915 will.
Professor Henry Lane Emo, men,
Der Of the faculty Of Princeton Univer-
sity, another nephew, will be one Of
the largest gamers by the verdict, re-
ceiving S2,600,000 instead of $4,000.
Although undue influence on the part
OF Lucius II. Beers, trustee and grad
uate Of Columbia, was one of the prin-
cipal charges upon which the contest
Of the viii was based, Surrogate CO.
halan directed the jury TO disregard
that phase Of the matter He declared
that the only question the jury was 10
decide was whether Amos F. Emo was
possessed of testamentary powers at
the time of the signing of the contested
will
He also devoted considerable Of his
charge 10 the alleged destruction of
certain Of Eno's papers by John Z.
Merz, confidential clerk Of Lord, Day L.
- hot 80 ba tuil1
Beers, who drew up the 1915 Will
and was an executor and a beneficiary
70 the extent of $4,000, had been ac
cused by the contestants of sending
Merz 10 Enos Fifth Avenue home to
accomplish this destruction. Although
this accusation was denied by Beers
and Merz, Surrogate Cohalan referred
10 1t IN his charge.
Destruction Disapproved.
"The law imposes a duty upon execu-
tors named in a will" said the Surro-
gate, "to take charge Of the papers and
belongings of a deceased person and
10 preserve the same. The law looks
with disapproval upon the destruction
before the probate of a will OF any
paper, document or article belonging
TO the decedent, and the law requires
s satisfactory explanation of any such
destruction"
More than two hundred witnesses
were called in the eight weeks OF the
trial, one a French soldier recalled
from the trenches 10 testify. He was
the former valet TO Emo. Among the two
hundred were bankers, brokers, rail-
road presidents, an ex-Supreme Court
justice, a Surrogate, actors, writer's,
diplomats, clergymen and a retired
naval officer. The estimated cost OF
the trial 70 state, contestants and pro-
ponents is more than 100000.
Amos F. Emo was eighty-four years
old when he died at his New York res
idence, 81 Fifth Avenue, October 2l,
1915. He was son of Amos r. Emo,
builder Of the old Fifth Avenue Hotel,
and inherited from him S3,O0O,OOO,
which grew to nearly $l2,0OO,OOO
through investment. Emo was fond of
beautiful women, good wine and fast
horses, and always dressed in the
height Of fashion until near his death,
according 20 the testimony at the trial.
Usually he summered at Saratoga
Springs, spending much time at the
millionaires' club at Jekyll Island, al
ttnough ne made frequent trips abroad.
hno died bachelor.
Emo Made Four Wills.
Emo made four wills, dated in 1906,
1912, 1914 and 1915. The last one was
the only one in which the name OF CO.
Iumbia University appeared. In all the
earlier ones his residuary estate was
pequeathed 10 relatives.
The will which the contestants wish
probated contains the following be-
quests: Henry c. Emo, brother, now
dead; Mrs. Mary +. Pinchot, favorite
sister, now dead, and William p. Emo,
brother. each S600,000; Mrs. Antoinette
Z. Wood, sister, S350,0OO; John c. Emo.
brother, now dead. 100000; Clifford
Pinehot, nephew; Amos r. +. Pinchot,
nephew; Lady Antoinette 4. Johnstone,
niece; Harcourt Johnstone, grand
nephew; Mrs. +. c. Graves, niece, and
mary r. Emo, niece, each S26O,OoO;
Continued on page 2. column