New-York tribune., 1922-01-05
"Crasping Kin"
Of Emo Assailed
In Will Fight
Amos II. E. Pincl,ot Deemed
'Parlor Socialist by His
Millionaire Uncle, Shearn
Says, as Contest Resumes
Not Worth D..n'
Testator, Whose Bcqucsls to
Institutions Are Disputed,
Called Hard Fistcd Man

The second trial Of the contest of
the Will OF Amos f. Emo. whose estate
is valued at about sl3 100000. got under
way yesterday in the Surrogates' Court.
when former Justice Clarence J. Shcarn,
chief counsel for the proponents of the
contested instrument, made his opening
address to the jury. Mr.. Emo left the
residue Of his estate to Columbia Uni
versity. This share has been variouslv
estimated at from $5,0O0,OO0 to s. 900,
600. Among the relatives and their
children, who arc contesting the will
on the ground that Mr.. Emo was suffer
ing from senility when he executed the
document, he distributed $4,000 900. He
left to other institutions $3.50, 900,
which bcquests also will be set aside
If the jury decides that he was in
competent.
Mr.. Emo, son Of the late Amos r.
Emo, who owned the Fifth Avenue
Hotel and other valuable property. was
scventy-eight years old when he died.
At the first trial of the contest the
jury gave verdict that he was men
tally incapable of making a legal will.
This finding was reversed by the APP
pcllatc Division, and the second trial
resulted.
Calls Relatives Grasping
Mr.. Shearn depicted Amos f. Emo to
the jury as hard-fsted man. who
could squeeze a quarter so hard that
the eagle would scream" and the con-
tcstants, including Clifford Pinchot and
Amos r. f. Pinchot, ncphews, as
"grasping relatives" who sought the
money intended for Columbia univcr-
sity and the other public bencticiarcs.
1t was pointed out by MIR Shearn
that the families Of those now contest
the will Of Amos Il. Emo. while the
testator received only $3,000,000 but
which, through his good business sense
and hard work, Mr.. Shearn said, he
built up to the estate for which legal
warfare is now being wagcd At The
age of sixty-one Mr.. Emo beoan in
vcsting in property until he had &C
CURED ninety parcels Of real estate.
which constituted the bulk of the cs-
tate he left
Mr.. Emo was a bachelor According
to Mr.. Shearn he had his dislikcs. Some
of these were socialism, suffragettcs
and real estate brokers. And. said Mr..
Shearn, he regarded his nephew, Amos
who was always ready in aiding the
poor when mo infringement on the
Pinchot fortune resultcd' MIR. Emo
was quoted as saying he did not think
his nephews "worth damn" While
not college man, the testator was
pictured as having strong ideas on edu-
cation. At the same time, Mr.. Shcarn
continued, Mr.. Emo disapproved of the
Pinchots as types turned out by East
ern colleges, which, he said, turned
out many "bums."
Assails Social Hangers
Through the services of "the ablcst
trial lawyer at the bar" Mr.. Shearn
continued, referring to Max D. Steuer,
chief counsel for the contestants, the
relatives, aided by social hangers on
and disgruntled servants, fight for all
the money, smearing the name and
reputation of their kin and bencfactor
and picture him as a victim of senic
dementia." Mr.. Shearn added that the
jury had nothing to do with the wis
dom of Mr.. Eno's bequests, but only
with the question as to whether the
testator possessed testamentary ca
pacity and was capable Of disposing Of
his estate
The public bcquests made by Mr..
Emo, besides the one to Columbia Uni
versity, were General Society of Me
chanics and Tradesmen, $500, 900;
Metropolitan Museum of Arr, S25O,0OO;
American Museum of Natural History,
$3.50, 900; Association for Improving
the Condition of the Poor, .,25O,OO0;
New York University, $25O,OO and
New York Public Library, $4,000 and
books.
The trial will continue to-day.