The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1901-01-16
CONTEST OF TIE PLANT WILI,


Plaintiff Asks That the Courts of That
State Take Entire Charge of the Estate
| Also That All securities and Prop
erty Removed to Connecticut be
Brought BaciS-Question of Domtciie.
! New York, Jan. 15.--The trial of the
action brought by Mrs. Margaret j.
Plant in the supreme court to upset the
will of her husband, Henry Bradley
Plant, the railroad and steamship capt.
talist, was begun in the supreme court
to-day before Justice Leventrltt.
Mr.. Plant left an estate of $l0,00000O
His widow and son were left only an
income of $4,000 a year each. The resi-
due and accommodations were left to the
eldest soE of Mortimer +. Plant, son Of
the plaintiff, who is now eight years old,
and he is not to receive the fortune un-
til his youngest child is of age. The es-
tate will, it is estimated, at that time be
worth $10O.000,OO0.
The will was probated in New Haven,
Conn.,, in which county the Plants had
summer home and that state v'ds
claimed by the testator as his legal res
idence.
The will was drawn by Judge Lynde
Harrison, of New Haven, who is named
as one of the trustees. Mr.. Harrison is
named as one of the defendants by Mrs.
Plant.
Mrs. Plant asks that the courts here
take entire charge Of the estate and
that the defendants be directed to bring
lon oF
York courts all securities and property
removed to Connecticut. She further
asks that all proceedings taken there in
view of probate of the will be declared
null and void.
William D. Guthrie opened the case
for the plaintiff. He explained how MIR.
Plant went to his country home at
Branford, Conn, and about his illness
there. Thence he started for New York,
Mr.. Guthrie said, stopping in New Ha-
ven on the way. A few days later he
died at his home in New York, Before
leaving New Haven, said Mr. Guthrie,
he left a will with his confidential at
torney there. Never before, however,
or from then until his death, had he
given any one the slightest intimation
that he expected to remove his domicile
from New York to Connecticut. When
Mrs. Plant appeared before the judge
in New Haven she learned for the first
time that Mr.. Plant had been made a
resident there, and she was assured by
her lawyer that the papers she signed
in that city did not in any way preju-
dice her rights. Mr.. Guthrie contended
that the action taken in New Haven did
not in any way prevent action In this
state.
Maxwell Evarts presented the case for
the defense. He said that whatever
testimony might be brought forward by
the plaintiff, it would be necessary to
dismiss the case, because the decree of
a sister state could not be set aside and
the judgment of the probate court there
must stand until it was appealed from
or reversed.
After citing various cases in support
of his argument for dismissal M. Evarts !
said: '"The plaintiff could have gone to
the superior courts of Connecticut or
returned to the probate court there,
whose aid she had herself invoked, but |
she did nothing of the kind"
Mr.. Guthrie replied for the plaintiff. |
He Sald that WflaI tney desired was 10 I
secure a judgment as to Mr.. Plants ,
after which the courts in Con- /
necticut would doubtless give them such |
further relief as they were entitled to. |
He said that in view of the fact that |
Mr.. Plant died with assets in New York !
it would be necessary for the courts
here to consider the question of his .
domicile
Mr. Evarts was speaking in rebuttal,
when the court adjourned with the un-
that he should resume
when the case was called again to-mor-
row morning.