The daily morning journal and courier., 1899-12-04

The last codicil was executed in New
 Haven. Under it's provisions Mrs. Plant asserts that the estate is tied up for a longer period than the laws of
 this state permit. By this last codicil
 MT. Plant created trust extending un- til a great grandchild shall have at- tained his majority. It is alleged in the complaint that MT. Plant went to New Haven shortly be- fore his death and claimed a residence under the laws of the state of Connec- ticut, when in reality he had been for
 many years resident of the state of New York. This, asserts Mrs. Plant, was done with fraudulent intentions.
 Referring to this the complaint says: Tt was the design and scheme and ob- ject of the testator to circumvent and
 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 property for
 a longer period than is permitted by the
 laws of the state of New York, and the
 testator declared in said codicil that he
 was a resident of New Haven, and this
 was done for the purpose of carrying
 out said scheme.'
 In case the will is probated in Con-
 necticut the estate will be tied up for
 many years but if the matter is given
 into the hands of the New York courts
 the codicil will be attacked and prob-
 ably 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, hav-
 ing his home at No. 5S6 Fifth avenue. 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 Connecticut, but that his
 personal property was in New ,York, and is estimated at upward of $1O000,- 900. Under the laws of New York, Mrs.
 Plant says, she is entitled to one-third
 of the personal property as widows dover. The will bears the date of Jan uary 23, 1893, while the codicils are dat ed November P, 1894, May 25, 1899 and June 20, 1899. Three days after signing
 the third codicil MT Plant died
 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, Messre. Harrison, Tilley and Erwin came to her house and asked her for the will At the time of MT Plants death the will and codicils were locked in a safe in his New York house. The defendants told Mrs. Plant, so she as- serts, that 1t was necessary for the pro- tection 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 subsequently, offered for probate in the probate court at New Haven. Messrs. Harrison and Erwin were MT. Plants attorneys. The for mer practices in New Haven, while MT. Erwin practices in Georgia. Not only were the will and codicils 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 secur ities. These were also taken to Con- necticut. In doing this. Mrs Plant as serts. the lawyers took advantage of her unfamiliarity with the law and practice of this state.
 Mrs. Plant further says that she at tended the 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 to their office the following day. When she did they asked her to sign petition for the admission of the will to pro- bate in Connecticut.
 When she called their attention to the residence clause. saying that her husband was not resident of Connec- ticut, MT Harrison told her that he had seen to the matter and that MT. Plant had become a resident of the state shortly before his death. On the ad- vice of the lawyers, and without con- sulting other legal advisers, Mrs. Plant | says that she signed the petition, rely ing on the advice of her husbands at torneys The following day the will was offered for probate. and, according to the plaintiff, upon the presentation of the petition an order was signed ad- | 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 defendants relative to the residence of her husband were untrue, and that | the advice they gave her was against her interests. It is alleged that no mo- tice or citation was served on Mrs. Plant, and that she was entirely ignor- ant of the Connecticut proceedings. If | the will is probated in this state and a division made, Mrs. Plant will receive at least s3,500000 as her widows dover, so she says. If the will remains in Con- necticut. then the estate will be tied up for at least thirtytive years.
 MT. Plant was one of the best rail- road and steamboat men in this coun- try. There was much comment at the time his will was made public. After several bequests to friends and rela- lives he provided for his widow and his son Morton, by leaving them an in- come of $30,0O0 annually. The remain der of the estate Is tied up in trust funds.
 Mrs. Plant is at her home, No. 5S6 Fifth avenue. She has been advised by otfa t~ |