New-York tribune., 1899-12-03
FRAUD, SAYS MRS. PLANT.
DECLARES THAT HER LATE HUSBAND
WAS A NEw-YoRKER.
ALLEGES THAT HIS WILL WAS WRONG
FULLY CARRIED INTO CONNECTICUT
BY HIS LAWYERS

Margaret ]. Plant widow Of Henry B. Plant.
the railroad president, has begun an action
sn the Supreme Court, individually, and as
trustee Of her husbands estate. against Lynoe
Harrison. Morton Freeman Plant, George H.
Tilley Robert c. Erwin, individually and as
trustees of the WILL and Henry b. Plant IN
which she asks that receiver for certain
property OF her late husband be appointed
and that the courts Of this State take en-
tire charge OF the estate pending settle
o,ent Of the suit Mrs. Plant further asks
that the will and codicis. as far as they are con-
sstent with the laws Of this State, be upheld;
that the defendants be required to bring back
into the Jurisdiction Of the New-York courts all
securities and property removed to the State or
Connecticut and that all proceedings in con-
nection with the probating OF the will in Con-
necticut be declared null and void.
Mr. Plant was several times a millionaire. and
was the principal owner of the Plant railroad
system He died last June. leaving will and
three codics. 1t is the last codicil TO the WILL
executed three days before his death, that forms
the basis OF the legal proceedings. The last COD
icil was executed in New-Haven. Under its pro-
visions Mrs Plant asserts that the estate Is
tied up for a longer period than the laws Of this
State permit BY this last codici Mr. Plant
created a trust extending until great grand
child shall have attained his majority.
CHARGES HER HUSBAND WITH FRAUD.
1t is alleged In the complaint that Mr.. Plant
went to New-Haven shortly before his death
and claimed a residence under the laws OF the
State of Connecticut, when In reality he had
been for many years a resident Of the State OF
New-York This asserts Mrs. Plant was done
with fraudulent intentions Referring TO THIS
the complaint says: 1T the design and
scheme and object Of the testator to circum-
vent and evade the law Of the State OF New
York and to suspend the absolute ownership
Of personal property and the absolute power ar
alienation Of real property for longer period
than is permitted by the laws Of the State Of
New-York and the testator declared in said
codcil that he was resident Of New-Haven,
and this was done for the purpose Of carrying
out said scheme"
In case the will Is probated in Connecticut
the estate will be tied up for many years, but
II the matter is given into the hands Of the New
York courts the codicN will be attacked and
probably set aside. In her complaint Mrs. Plant
asserts that her husband was legal resident of
the State OF New-York for upward OF twenty
FIVE years, having his home at No. $50 Fifth
ave. in this city She further says that he
never under any conditions became resident
Of Connecticut that he owned real property to
any extent neither In New-York nor Connecti-
cut. but that his personal property was In
York, and is estimated at upward Of S10,
100000. Under the laws OF NewYork, Mrs.
Plant says she is entitled TO one-third Of the
personal property as a Widows dover. The
will bears the date OF January %, 1893, while
the codicils are dated November %, 1894. May
%, 1899, and June 90 1899. Three days after
signing the third codcil Mr.. Plant died.
SAYS THE LAWYERS DID WRONG.
The will and codicil. says Mrs. Plant. are now
out Of the Jurisdiction of the NewYork courts.
having been taken TO New Haven after her hus-
bands death
In this respect. Mrs. Plant alleges that after
the funeral the defendants. Messrs. Harrison.
Tilley and Erwin. came to her house and asked
her for the will At the time Of Mr. Plants
death the will and codicils were locked in safe
in his NewYork house. The defendants told
Mrs. Plant, so she asserts that 1t was necessary
for the protection of the estate that she give
them the will After getting possession Of the
documents. says Mrs Plant. the defendants.
without her knowledge or consent removed
them to New Haven, where they were subse
quently offered for probate In the Surrogates
Office at NewHaven. Messrs. Harrison and
Erwin were Mr.. Plants attorneys. The former
practised in New-Haven while Mr.. Erwin prac-
tises in Georgia Not only were the will and
codicis removed from the jurisdiction Of this
State, says Mrs. Plant, but Messrs Harrison
and Erwin went TO the safe deposit vaults and
removed from there certain securities. These
were also taken to Connecticut. In doing this.
Mrs. Plant asserts. the lawyers took advantage
OF her unfamiarity with the law and practice
Of this State.
ehn
funeral Of her husband at Branford. Conn. his
country home. On the day OF the funeral she
says that her husbands lawyers asked her to
go 70 their Office on the following day. When
she did they asked her 10 sign a petition for
the admission Of the VIII to probate in Connec-
ticut
SAYS SHE WAS DECEIVED.
When she called their attention to the resi-
dence clause. saying that her husband was not
a resident Of Connecticut Mr. Harrison told her
that he had seen to the matter and that Mr.
Plant had become resident Of the State shortly
before his death. On the advice Of the lawyers
and without consulting other legal advisers
Mrs Plant says that she signed the petition
relying on the advice Of her husbands attor-
neys The following day the will was offered
for probate. and. according to the plaintiff upon
the presentation Of the petition order was
signed admitting the will to probate in the
State of Connecticut.
Subsequently Mrs Plant consulted other at
torneys and learned. she says, that the rep
resentations made by the defendants relative
10 the residence of her husband were untrue,
and that the advice they gave her was against
her interests. 1t is alleged that no notice or
citation was served on Mrs. Plant. and that she
was entirely ignorant Of the Connecticut pro-
ceedngs III the will Is probated In this State
and a division made. Mrs. Plant will receive at
least S95O00O0 as her widows dover so she
saws II the will remains In Connecticut. then
the estate will be tied UP for at least thirty
five years.
Mr. Plant was one Of the best known railroad
and steamboat men in this country. There was
much comment at the time his will was made
public After several bequests TO friends and
relatives. he provided for his widow and his son
Morton hy leaving them an income OF S3OOOO