The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-05-30
HEIR TO 100000, :
HI. ENOIS BROKE
Famous Educators Fortune
Tied Up in Will Litigation,
He Asks $4,000.
ODD TANGLES IN SUIT
Forced to Surrender All His
Property in Order to Pay
Interest on Notes.

Henry Lane Emo, educator OF national
reputation and research associate Of the
educational stafr of Princeton, describes
in affidavits submitted yesterday to Sur
rogate Cohalan the strange trick fate
has played upon him, making It neces-
sary for him to petition the court for an
order directing the administrators Of his
uncle's estate to pay him 10000. as he
finds himself, in his own language.
without means while nominal heir to
approximately $4,000 oc."
Emo. in his petition. states he is the
eldest and only surviving son of Henry
Clay Emo and a nephew of Amos r. Emo,
who died in October, 1915. leaving an
estate OF about $4,000, 900. Shortly
after the death of Amos F. Emo a we'll
dated June is. 1915. in which $50,oeo
was bequeathed to the petitioner and
s1,250.000 to each of his two children.
Alice. aged IS. and Amos, aged 10. was
offered for probate.
Probation OF this will was contested
By Emo on the ground that a previous
Will GNlSltu III WHICH OUt-lllu VI thc Us
tate was bequeathed to him. Emo al
lcges his uncle was incompetent at the
time the will filed was executed. while he
was competent when he made out .he
c;ner
Jury sustains Him.
The action was tried before Surrogate
Cohalan and jury in 1915 and Eno's
contention was sustained. An appeal
against this finding was taken and II Is
now pending before the Appellate Divi-
sion Of the Supreme Court.
Recently the previous will which Emo
contended existed was discovered. This
was offered for probate. but Emo states
that because OF the litigation over the
other document its probation is held up.
The petitioner and his children are bene-
iiciares under the recently discovered
will. Emo to the amount of one-f1fth OF
the residuary estate, or about $4,000
COO. Pending the outcome of the appeal
letters OF administration to the estate
were granted to Lucius NJ. Beers OF
NesthamptoI, Beach. l.. l.. and William
p. Emo OF Washington. d. c. Emo states
that regardless of what may be the out
come Of the probation of either will ne
will he entitled to $4,000.
Referring to his immediate need OF
money, Emo says that $4,000 is essen
tial for the support of himself and his
family this year. He states he is con-
nected with the Princeton University
staff without salary and that he Is with
out means of support. Before the death
of his father. he says, he was obligated
as guarantor TO the extent of s1.000.o00
on notes of the Fifth Avenue Building
Company, OF which he was vice-pres'-
dent. and that these notes we're then and
ere now overdue.
Had 10 Give Up Property.
II became necessary for him, Emo
saws, to surrender to Brown Bros. bank
ers, of 50 Wall street, to secure the
payment of these notes not only all his
own property, including his estate at
Bar Harbor, Me-. hut also the entire
estate he had inherited from his father.
which included the house at East
Sxty-hrst street and one at IT East
Sixtieth street; also a country estate at
Westport, Conn, various other real prop
critics. valuable library and Prince
ton book plates. all valued at 100000.
He states that he has moved to Prince
ton. where, while exercising the most
rigid economy. he has not been able
to give his children the care and ad-
vantages to which they have been ac-
customed. although they are entitled TO
legacies of either s1.250,000 or $3.50
900. according to which will finally Is
admitted TO probate. Referring to his
contest of the first will filed, which
brought about the present conditions,
Emo says:
While your petitioner feels he was
not only entirely justified but morally
obligated to contest the probate Of the
will OF June IS. 1915. II Is the unfortu-
nate fact that by so doing he has de-
prived his children of the income TO
which they rightfuliy are entitled and
believes 1t is his duty for their sake
to ask the court for a decree directing
the payment TO him OF the $4,000
legacy"
The matter will be argued Juno ..