The New York herald., 1922-02-28
SURROGATE REJECTS
Emo WILL VERDICT
Finds Decedent Sane and
jury Swayed by Sympa-
thy and Prejudice.
INFLUENCES SUBTLE
Jurors Not Criticized in
Matter, Nor Is System
Condemned.
STAKE NOW is $13,0OO,OOO
STAKE NOW IS $13,0OO,OOO
135 Witnesses Examined, but
Court Says Eno's Diaries
Were Best Testimony.

rogates' Court which on February 16
adiudged Amos r. Emo to have been
without testamentary capacity when
in 1915 he made a will disposing OF
an estate Of more than $4,000, 900 was
set aside yesterday by Surrogate
Foley.
The Surrogate said the verdict was
contrary to law and against the
weight of evidence, and found that
the jury was swayed by sympathy
and prejudice.
Surrogate Foley was ruling on a
motion made at the end of the trial.
The effect Of his decision, stripped of
formal language, is finding that Emo
diaries, letters and other documents
in his handwriting showed him to be
of sound mind; that the will itself
showed the same thing, and that in
the jury room the jurors should have
given more weight to what Emo wrote
than to all Of the other evidence in
the case taken together.
His finding that the jury was affected
by prejudice. put before them subtly,"
Surrogate Foley declares not to be
criticism Of the jury or jury system.
"L;tigants," he says. "who knowingly
hazard the result of a trial cannot
complain If their temporary success is
nullified by the plain duty of the Surro-
gate"
Testimony Practically Same.
Upon his main reason for setting the
verdict aside Surrogate Foley says:
AFTER a careful analysis l an, con-
vinced that upon the retrial before
me the testimony was substantially the
same as upon the former trial. Over 80
1. 5yitnesses testified for both sides during
s.fne trial. For the contestants only four
New witnesses were called out of otal
of fifty. These witnesses were DIR. Van
slylSe. Mrs. Sweet, Mrs. Hayes and Ehe
Saratoga hackman. Hines. 1t is not too
much to say that these witnesses did not
add single new fact OF any weight"
"The only outstanding change in the
Robert III. Wylie. who had been called
upon both trials by the contestants. He
had been the personal physician of Mr..
Emo for twenty-five years. DR.. Wylie
stated that he did not believe Mr. Ej.o
TO be insane in the early part of Jaau-
airy, 1915. five months before the execu-
tion of the will. This testimony was
highly favorable to the proponents.
'"rhe proponents might well rest upon
n dprup1pn.arV evidence. pnnSistiner n
Mr. Eno's letters and diaries.
''Mr. Emo possessed before and after
the making of the will keen ability to
transact business and to attend to the
management of his large investments in
personally and of his ninety parcels of
real estate. His diary entries evidence
an excellent memory and knowledge Of
current events. His letters to his office
employees, his relatives and friends and
to other persons are clear. responsive,
shrewd and intelligent"
The most damaging effect upon the
jury. according to the Surrogate, of the
appeals made to their nrejudices and
sympathies was that they failed to grasp
clearly that the single question before
them was whether Emo was mentally
competent to make a will and not
whether he was swayed by undue in
fuence.
Forty Lawyers in the Case.
Altogether about forty counsel. OF
whom at least ten are now dead have
leld retainers for the various individ-
uals and institutions interested I'm the
case. and more than 100000 has been
paid to them in fees. The printed
records on the trials and one appeal
have been enormous and the cost Of
them exceptionally heavy. Neverthe-
less. although the estate was worth only
slightly more than 10000. 900 at Eno's
death, it is now worth more than $13, ,000,-
600 because of accruage OF income with
no one to spend 1t.
Enos heirs should the will stand even
tually, win get about $4,000. 900. instead
OF the whole estate. which they will re-
ceive If II is finally broken. They are
William p. Emo and Mrs. Antionette
Wood, Eno's brother and sister. and his
nieces and nephews, Amo1 and Clifford
Pinchot, Henry Lane Emo Lady Alan
Johnstone. Mary Emo and Florence
Greaves.
In addition TO the resduary estate,
amounting to about half the whole es-
tate or $500 900. left TO Columbia Uni
versity, the will also left to the Society
of Mechanics and Tradesmen 81. 800. 900,
the Metropolitan Museum of Art. the
American Museum of Natural History
ard the Association for Improving the
Condition of the Poor S250.000 each. and
the New York Public Library. 100000.