The Savannah morning news., 1901-01-16
PLANT WILL CASE
BEARING BEGUN IN NEW YORK
SUPREME COURT.
MONEY TIED UP FOR go YEARS
PECULIAR CLAUSE OF LATE Fl. u.
PLANTS WILL.

Bulk of Property Beaueathed to HIS
Grandson, the Eldest Son of Norti-
mer f. Plant, hut Not to he Re-
ceived by Him Until His Youngest
Child Is of Age-The widow and
Son Dissatisfied With Their Allow
ances of 100000 a Year Each.
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 B. Plant, the rail-
road and steamship capitalist, was begun
in the Supreme Court to-day before JUS
tice Leventritt Mortimer f. Plant, the
son of the plaintiff, joins with her in her
efforts to upset the will, although for the
purposes of the action he is named as
defendant.
Mr. Plant left an estate of $4,000, 900
and being apparently of the opinion that
the great property accumulated by him
after he had attained his fftieth year
might be dissipated by his immediate
heirs, he had will drawn with the OBJ
jett OF keeping his estate intact for at
least sixty years.
His widow and son were left an in
come of $4,000 year each for which
special fund was created. The residue and
accumulations were left to the eldest son
OF Mortimer f. Plant. who is now eight
years of age, and he is not to receive
the fortune until his youngest child is of
age. The Plant millions are thus left
IN reality to>a great-grandson of the tes-
tator and he cannot recover a cent of
the property until his youngest brother
or sister has reached majority. The es-
tate will, it is estimated, by that time,
| be worth $1000O0,O00.
The will was probated in New Haven,
| Conn, where the Plants had a summer
home, and that state was claimed by the
testator as his legal residence
The will was drawn by Joseph l.. Har-
| rison of New Haven, who is named as
| one of the trustees Mr.! Harrison Is nam
ed as one of the defendants by Mrs.
| Plant, as also are the other trustees, her
son, Mortimer Freeman Plant. George
| L. T1lley and Robert G.. Erwin Mrs
! Plant asks that a receiver be appointed
| over certain property by the New York
courts and that the courts here take en-
tire charge of the estate. She prays that
| the will and codicils be upheld only as
| far as they are consistent with the laws
| of this state, and that the defendants be
| directed to bring back into the jurisdiction
of the New York courts all securities and
| property moved to Connecticut. She fur
ther asks that all proceedings taken there
| in view of the probate of the will be de-
clared null and void.
! Mrs. Plant claims that her husband,
shortly before his death, went to Connec-
ticut and Unexpectedly claimed resi-
| dence there with intent to circumVent
and evade &he laws of New York. of
| which state he had been a resident for
many years.
The defendants contend that the New
York state courts have no jurisdiction.
and that the suit should have been
brought in the United States courts. An
other defense is that the will has been
admitted to probate in Connecticut ana
that this puts an end to any proceeding
of Mrs. Plant.
William d. Guthrie, for the plaintiff.
explained how Mr.. Plant went to his
country home at Branford Conn, his i'll
ness there, thence going to New Haven,
and his death a few days later at his
home, in New York
Before leaving New Haven said Mr..
Guthrie. he left will with his confiden-
tial attorney there. 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. Mr..
Guthrie contended that the action taken
in New Haven did not in any way pre-
vent action in this state.
Maxwell Evarts, for the defense, said
that whatever testimony might be
brought forward it would be necessary
to dismiss the case. because the decree
of sister state could not be set aside,
and the judgment of the Probate Court
there must stand until it was appealed
from or reversed.
Hearing will continue to- morroW.