The New York herald., 1922-05-27
COMPROMISE ENDS
Emo Will CONTEST
Shearn and Cromwell Settle
Dispute Between Family and
Columbia University.
s13,ooO,OOo is INVOLVED
Surrogate Foley Urged Heirs
to Reach Agreement After
Six Years Of Litigation.

The contest over the will Of the late
Amos F. Emo. whose estate of more
'than $13,000,000 has been in litigation
in the State courts for more than six
years, was settled out of court last
night. Attorneys Clarence j. Shearn
and William Nelson Cromwell made
an announcement to this effect after
conference at Mr.. Cromwell's home,
but they did rot divulge the terms Of
the settlement.
The will was contested by members
of Mr.. Eno's family because Mr.. Emo
left the bulk OF his fortune to Column
bia University and other institutions
The statement Of Mr.. Shearn and Mr.
Cromwell follows:
shortly after the second trial ended
in setting aside the will of 1918 an"
when Surrogate James A.. Foley had,
for legal reasons. directed new. trial
and when both sides were ready 10 enter
upon the third trial. the Surrogate
called all counsel to his chambers AMI
urged that their clients endeavor to
find a mutual ground of adjustment In
view of the facts that the litigation had
now consumed over six years. with
varying results. md would probably
continue for several years~more; THAT
the case was occupying very large
share of the time and attention Of the
courts while other lit;gants were Kept
waiting; that it imposed substantial
cost upon the county, and above all
that certain OF the charities and edit
catIonal institutions which, either under
one or the other of Mr.. Eno's wills.
would ultimately receive bequests. were
in pressing need for present use of
funds. ~
approached under these judicial au-
spices both the Emo family and Colum-
bia University and the other institu-
tions, as we'll as all counsel. cordially
responded to the spirit of the Surrogate.
Contestants and their counsel,
Thacher & Bartlett. Perkins & Train
ond Sullivan &c Cromwell. with Mr.
Steuer having given Mr.. Cromwell au-
thority. and Columbia and its attorney.
John b. Pine. having given ex-Judge
Shearn like authority, negotiations have
been conducted which have led TO a
complete and mutually satisfactory ad-
justment OF all questions concerning the
estate of Mr.. Emo.
"The admission of the will to probate
will take place at once to consummate
the adjustment thus terminating all
litigation, and a number Of representa-
tive educational and philanthropic In
stitutions will thereby be greatly bene-
fitted"
The will of Mr.. Emo was executed in
June. 1915. just before his sudden death.
IL disposed of an estate valued AT the
time at $40. 600. which, despite the
great drafts made upon IL to meet the
legal expenses. has increased SO that
to-day 1t Is reclsoned to be worth In the
ne'ghborhood of si3.000.0O0.
While the VIII bcqueathed about one
half of the estate to relatives. among
whom are the deceased's brothers.
William II. Emo of Washington. -, c.;
Prof. Henry Lane Emo OF Princeton
University. and his nephews. Amos II,
4. Pinchot and Clifford Pinchot. the
latter recently selected as the Rapubi-
can candidate for Governor of Pennsyl-
vania, II left the other half TO institu-
tions OF this city. To Columbia Uniycr-
sity was bequeathed the bulk of this
residus giving II share in the estate
of something over si.0oo.ooo. The New
York University and the Metropolitan
Museum of Art also received legacies.
The provision for Columbia figured
relatives produced witnesses TO show
that Mr.. Emo, in his lifetime, had de-
cided antipathy TO Columbia, and 1t was
held that his strange conduct in be-
queathing such large sum to the uni
versity and other alleged eccentricities
proved he was not mentally competent.
At the first trial a jury before Sur
rogate Cohalan declared In favor of the
contestants and broke the will. The
Appellate Division of the Supreme Court
ordered new trial. which began before
Surrogate James A. Foley and a jury
In January. A trial lasting thirty-nine
days again resulted in a verdict for the
contesting relatives. the jury declaring
the will invalid on the ground that Mr..
Emo was insane when he executed tho
document, but this verdict was set aside
by Surrogate Foley. whS ordered new
trial.