The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-02-16
DIVIDING H.B. PLANT FORTUNE
DISTRIBUTION ALREADY IN
PROGRESS IN THIS STATE.
II Morton Freeman Plant Wishes 20 Carry
out His Fathers Idea Of . Great 40
emulation He Can start with sl7,.
900 900, About what HIS Father Left.

cumuiation He Can start with sI7..
900 900, About what HIS Father Left.
Under the settlement Of the estate Of
Henry Bradley Plant according to the
laws Of the State of New Yors. the actual
division Of the property, the value Of which
Is estimated at between SIS, 900. 900 and
$40. OOo, 900, is now In progress. The estate
is being treated as though Mr.. Plant had
died interstate, for the laws Of this State
will not permit such a suspension OF the
powers Of alienation as wa provided for
in the will. The will provided that the
widow should receive al annuity Of $500
and that the residue Of the property should
be held in trust until the unborn son Of the
testator's grandson, Henry Bradley Plant.
I'd, now 7 years old. should arrive at his
majority. The widow will now get her
third and the rest coca to the only son.
Morton Freeman Plant.
OF all the States Of the Union. Connecticut
Is said to be the only one where the laws
will permit such an entailment OF an estate
as MI. Plant proposed. Mr.. Plants in
tention was to have the property held to-
gether so that II should become one Of the
monumental fortunes Of the country.
When he died in June. 1899, the property
wa estimated TO be worth Sl2. 00O, 900, and
1t has increased one-third In value since
then. To carry out his plan he had his
lawyers examine the laws regulating the
Inheritance Of estates In all the States OF
the Union. and found. 1t is said. hat the
laws OF Connecticut were the only ones
that would allow such a trust as he wished
to create. MIR. Plant had at one time been a
resident Of Connecticut, but he had for
years lived in this city. 10 be able TO
make his will as a resident Of the Nutmeg
State he went there, declared himself to
DO a resident Of the Commonwealth, and
then came 10 his house in this city. the
whole operation having taken less than
seven hours. He continued TO refer TO his
house here as home and gave no other
sign hat he had gone TO Connecticut Tor any
other purpose than to take advantage OF
its laws in regard to inheritances.
When it became the duty Of the attorneys
for the widow, Guthrie, Gravath 4 Hen
derson, Of 40 Wall street, to attack the will,
they had 70 prove two things. One that
tho Probate courts Of Connecticut, In which
the will establishing the trust had been
proved were not courts whose DEGREES
were entitled 20 the full faith and credit
which the Constitution guarantees to the
acts Of the courts Of one State In those Of
another, the other. that Mr.. Plant was not
at the time he made a will a bona-fide citizen
Of Connecticut, but of this State. In oruer
10 prove the first contention il was neccs-
sary 70 show that the Probate cyurts Of
Connecticut were not of the class of the
Surro gates courts Of this State, and did not
In the State Of Connecticut receive that
consideration from the other courts OF
record that would entitle their acts TO
full faith and credit" in the courts Of this
State. This was established, and the fact
was brought out that the Probate C urts
Of Connecticut are about one hundred and
fifty in number, and occupy a place Of little
distinction in the legal machine of the
Commonwealth.
Having established this, the lawyers
then showed that the ~testator mo we'd 10
Connecticut for a few hours solely for the
purpose Of making his will there. and that
his change Of residence was not such a one
as the courts could regard as being made in
good faith. When this was established
the will itself was brought 20 the attention
of the courts of this State. and il was at
tackled on the ground that the laws here
do not permit such a suspension OF the
powers Of alienation. The courts held
that the will was invalid, and that the estate
should be treated as though Mr.. Plant had
died interstate. The actual division will
be prosecuted as rapidly as the great bulk
Of the property and the many interests
concerned will allow.
The executors appointed under authority
OF the connecticut courts handed IN their
which were approved, and then
they resigned.
Letters testamentary had previously
been issued In this State TO Mrs. Plant,
Morton Freeman Plant and George IL.
Tilley. They are carrying out the man
date OF the court, and dividing the prop
erty. All OF II lies in this State. the bulk
Of the fortune being In the form Of stock
Of the Henry Bradley Plant Company,
which Mr.. Plant founded for the develop
ment and exploitation Of Florida.
This State will receive something like
$500. 900 as an inheritance tax from the
estate, which would have been lost to it
had the will been established. Had this
been paid in before the beginning Of the
year the City Comptroller would AVE re-
ceived n big fee for It's collection. but as
the law now stands he can get no fee, and
the whole sum will go into the State Treas
ury. Connecticut has collected $3.50 o as
luheritanCa tax.