The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-12-06
FRAUD, SAYS MRS. PLANT.
DECLARES THAT EgaR LATE HUs-
BAND WAS A NEW YORKER.
fully Carried Into Connecticut by
His Lawyers.


Margaret j. Plant, widow of Henry B.
Plant. the railroad president. has begun
an action in the Supreme Court individ-
ually, and as trustee of her husbands es-
tate, against Lynde Harrison, Morton
Freeman Plant. George II. Tilley, Robert
G. Erwin, individually and as trustees of
the viii, and Henry b. Plant in which
she asks that a receiver for certain prop
erty of her late husband be appointed and
that the courts of this state take entire
charge of the estate pending a settlement
of the suit. Mrs Plant further asks that
the will and codicils, as far as they are
consistent 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 prop
erty removed 20 the state of Connecticut,
and that all proceedings in connection with
the probating of the will in Connecticut
be declared null and void.
Mr.. Plant was several times million
aire, and was the principal owner of the
Plant Railroad System. He died last
June, leaving a viii and three codicils. 1t
is the last codicll to the will. executed
three days before his death, that forms
the basis of the legal proceedings. The
last codicil was executed in New Haven
Under its provisions Mrs. Plant asserts
chat the estate is tied up for longer pc
Rod than the laws Of this state permit
BY this last codicll Mr. Plant created a
trust extending until a great grandchild
shall have attained his majority
Charges Fraud.
Ii is alleged in the complaint that Mr.
Plant went to New Haven shortly before
his death and GAINED a res dence under
the laws of the state of Connecticut when
in realty he had been for many yea a
resident of the state of New York. This,
asserts Mrs. Plant, was done with fraud
ulent Intentions Refer ing to This the
complaint says: 1T was the design and
scheme and object of the tesla or to cir
cumvent ana evade the law OF the state
of New York and to suspend the absolute
ownership of personal property and The
absolute power of alienation of real prop
eriy for longer period than Is permit
ted by the laws of the state of New York.
AID the testator declared in said cod II
that he was a resident of New Haven,
and this was done for The purpose of car
rying out ga d scheme"
In case the will is proba ed in Connec-
tiout the estate wi I be tied up for many
years. but If the matter is given into the
hands Of the New York courts the codi-
Gil VIII be attacked and probably set
aside. In her complaint Mrs. Plant as
sefts that her husband was a legal resi-
dent Of the state of New York for upward
of twenty-five years, having his home al
No. 5S6 Fifth avenue, in this city. She
further says that he never, under any
condil ions became a resident of Come eti-
GU, that he owned real property to any
extent neither in New York nor Connecti-
cut, but that his personal property was
in New York, and is estimated at up
ward of $f0,00O,0O). Under the laws of
New York. Mrs. Pl3nt says. she Is enti-
tied to one-lhi: of the personal @ operty
as a widows dover. The win bears the
date of Jan %, 1893, while the codic Is are
dated Nov. p, 1894 May Is, 1899, and June
90 1893. Three days after signing the
third codlcll Mr.. Plant died.
Says the Lawyers Did Wrong.
The Will and codicil, says Mrs. Plant.
are now out OF the jurisdiction of the New
York courts, having been taken to New
Haven after her husbands death.
In this respect, Mrs. Plant alleges that
after the funeral the defendants, Messrs.
Harrison, Tilley and Erwin, came 10 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 New
York house. The defendants told Mrs
Plant, so she asserts that IL was neces-
sary for the protection of the estate that
session of the documents. says Mrs. Plant.
the defendants, without her knowledge or
consent, removed them to New Haven,
where they were subsequently offered for
probate In the Surrogate's office at New
Haven. Messrs. Harrison and Erwin
were Mr.. Plants attorneys. The former
practiced in New Haven, while Mr.. Erwin
prachced in Georgia. Not only were the
will and codicils removed from the iurIs-
dlction 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 unfamiliarity with the law and
practice OF this state
Mrs. Plant further says that she attend
ed the funeral of her husband at Bradford
Conn, his country home. on the day OF
the funeral she says that fer hus,and's
lawyers asked her to go to their office on
the following day When she DID thew
asked her to sign a petition for the ad-
mission OF the will to probate In Counecti-
cut.
Says She Was Deceived.
When she called their attention to the
residence clause, saying that her husband
was not resident of Connecticut Mr.
Harrison told her that he had seen TO the
matter and that Mr.. Plant had become a
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 nett
ton, relying on the advice OF her hus-
bands attorneys. The following day the
WI was offered for probate, and accord
ing to the plaintiff, upon the presentation
Of the petition an order was signed adj
hitting The will to probate in the state of
Connecticut.
Subsequently. Mrs. Plant consulted other
attorneys and learned, so she says, that
the representations made by the defend
ants relative to the residence Of her hus-
band were untrue, and that the advice
they gave her was against her interests.
II Is alleged that no notice or citation was
Served on Mrs. Plant and thai she was
entirely ignorant of the Connecticut pro-
ceedings. IF the will is probated in this
efa 10 and dfvfeiop made ,sylU