The New York herald., 1922-01-06
GIFTOF S6,OOO,OOO
CALLED EMO YAGARY
Testator Disliked Columbia,
but Made Tt Lcgatee,
Says Lawyer.

That Amos f. Emo dielilted colleges
and college education and that. there
fore, he was mentally unsound when he
willed millions to Columbia was the
argument yesterday in Surrogate's Court
Of Max d. Steuer, chief counsel for
some of Mr.. Enos relatives who are en-
deavoring to set his will aside. The
instrument disposcs of $14.000000 and
names Columbia as the residuary lega-
tee for share of about s6,Ooo.O0O.
Mr.. Enos heirs at law. including his
sisters sons. Amos and Clifford Pinchot,
insist that his will showed so radical
departure from his preferences and
prejudices that it was impossible for
him to have made II while in full pos
session OF his faculties. In stressing
this point yesterday Mr.. Steuer said:
He lived most of his life in a neigh
borhood only a little distance from CO.
lumbia when Columbia was down town.
and yet II was notorious among people
who knew him that he never set foot In
any of it's buildings and used to decry
the education that 1t and other colleges
gave to young men as waste OF time
and money. His feeling toward colleges
and universities generally was strong
enough in any case, but his antipathy to
Columbia amounted almost to a passion.
"And not only this, but he had
special dislike Of the man who was the
head OF the university when Emo died
and Is the head of 1t to-day. ] refer tc
DR.. Nicholas Murray Butler. You will
understand. gentlemen, that Dr. Butter
Is a man for whom number of persons
myself among others, entertain the
highest esteem. l do not desire you TO
understand me as saying anything
against him. / merely wish to impress
upon you that Mr.. Emo disliked him
strongly / do not know why. Possibly
his dislike was an insane one If 1t was,
he was not sane when he made his will.
Mr.. Steuer was not allowed to ask
the Jury TO believe that undue influence
had been used on Mr.. Emo, but he at
luded freauently TO influences which
must have changed the mind or the
testator before the will was executed.
I'm 1914" said Mr.. Steuer. more
than a year before the will we are con-
sidering was drawn, Emo made another
WILL opposite in almost every respect
TO the one before you now. In the pre-
vious will all his near relatives were
remembered handsomely. and provision
was made that II any Of them prede-
ceased him their children should have
their share.
''The residuary estate was also d.
vided among them. the children of Mrs.
pinchot receiving half OF Il and Colun-
bia University was not mentioned at al.
Above all the will made an appoint
ment which sets at naught much thaS
the prononents of the will insisted on
as important when their counsel. Car
ence NJ. Shearn, opened this case for
them yesterday.
.'He told YOU then that Emo particu-
larly disiked his nephews, Amos and
clifford Pinchot; that he had said one
was a parlor socialist and the other a
man he especially disliked, but l tel
YOU now that In every will he made be-
fore the last one he named Clifford
| Pinchot as an executor. In other words,
| he held the same opinion of him that
men like Theodore Roosevelt and Will
lam II. Taft held of him at that same
/ time
Mr.. Steuer said Eno's mental eccen-
/ trlcities we're largely tn eresult OF a
I condition Of health which set in when
he was n few years less than 60. and
which neoessitated his taking numerous
trips TO Europe for treatment by spe-
! cialists While on the last of these, Mr..
Steuer said, he had a delusion of pow
! ,arty, and on one occasion bought an
ordinary ticket for long trip on a
night train rather than pay for sleep
! ing berth.
The trial is the result of a reversal by
the Appellate Division of a verdict five
years ago for the contestants. These
are, In addition to the Pinchots, win.
lam p. and Parry p. Emo. DIR. Henry
| Lane Emo of Princeton University, An.
toinctte Il. Wood. Florence Graves ant
Lady Antoinette Emo Johnstone of Lon
don. The taking of testimony will beglr
\ to-day. The former trial required tive
Z