The Providence news. (Providence [R.I.]) 1891-1906, 1901-01-17
His Widow sHinls ia Break II
In the New ,Yerk Courts.
WAS PROVED IN CONNECTICUT.
Proposed 40.Ysar Accumulation Of Millions
for GDat-granschlls, That May
Never Bs it Stake.

New York. Jan. 17.-Henry Il. Plants
will, proved I'm Connecticut lelt his resi-
dusry estate practically. so the lawyers
say TO a son TO be born hereafter TO the
testatoris grandson, Henry Bradley Plant,
now seven years old.
The estate is $4,000, 900 now, an increase
Of 81, 900. 600 i'm Is months; the income IL
more than 100000 year and the princi-
pal is still increasing in value.
The distribution OF the estate Is sus-
pended until the youngest son OF Henry
Bradley Plant comes OF age. Twenty mil
lions At per cent. compounded annually
for 40 years would be S9609O.0oO.
Such will az this is valid In Connecti-
cut, but not I'm New York. Margaret j.
Plant the widow. disputes the will, de-
clarlng that Plant was a resident Of New
York
lf she thus establishes this fact she IN
tends TO break IL and get her full share,
instead OF the $4,000 a year the will left
her
Mr.. Plant died on June 2s 1899, at his
residence, 5Se Fifth avenue, where he had
lived % years. The site is Columbia Col
lege leasehold
Before his funeral the greater part of
his estate. consisting largely of the Sc
curities OF his different transportation
companies was gathered up by his execu-
tors from safe deposit vaults here and
removed to New Haven.
On petition OF the present plaintih.
which stated that her husband was a
resident of Connecticut. the will was
proved there.
She now seeks to set aside the probate
in New Haven by alleging that she was
deceived into stating that her husband
was a resident OF that place and that she
was not advised OF her rights under the
laws OF this state.
The defendants. who are the trustees
under the will Of her husband. are Lynds
Harrison, lawyer OF Connecticut, her
son, Morton Freeman Plant grandfather
expectant OF the residuary legatee. George
III. Tilley. confidential man OF her hus-
band. Robert G.. Erwin. lawyer of
Georgia, and the grandson Henry Brad
ley Plant. ~
Harrison and Erwin had been legal ad-
visers of Mr., Plant for years.
Mrs. Plant asserts that the courts of
New Haven never acquired jurisdiction,
because her husband was "A resident OF
this state at the time of his death.
She declares that the securities OF the
estate were taken away with the will 60
Connecticut. so that the will might be
probated in a jurisdiction where IL is
valid and in order to avoid the Inherit
ance tax OF this state. which Is much
larger than i'm Connecticut
Her husband had spent his early years
in Connecticut, but in 1873 he married her
In this city and they lived here until his
death. He was so years old when he died
She points out that he voted i'm this city
the November before he died, that he
paid taxes here and was even taxed here
for the year of his death.
Thirty days before his death he made a
codicil to his will which states he, Is a
resident OF this city. but codicil execNt-
ed three days before his death asserts
that he il a resident of New Haven.
She declares that this statement In the
last codicil was put I'm by his advisers 10
lend a color to their purpose to probate
the will in Connecticut and circumvent
the laws OF this state.
IL was part OF the same scheme. she de-
clares. by which she was overreached and
induced to apply for probate In New Iia-
ven. Her son does not join with his
mother In the suit
IL is stated that the infant grandson OF
the testator had not been cited To the
probate I'm Connecticut, so that the pro-
bate would not be valid as 10 him, but
that oply he could raise that point
through a guardian.
His mother could no. II IS claimed. The
child resides with his father. who is sup
porting the will