The Savannah morning news., 1902-07-21
RATIO OF PATERNITY
UNIQUE TURN IN PLANT ESTATE
LITIGATION.
EFFORT TO TIE UP MILLIONS.
ACTUARY EMPLOYED TO FIGURE
ON SURVIVORsHIP.

Sons of III. b. Plants Half Brother
Have Attached the Estate to Guar
antec Payment of Annuities-Actu-
AIRY Decides the Chances of Mr..
Plants Son, Grandson AMI Great
Grandson Surviving Until the Time
of Distribution to Be SO Remote as
to Justify the Setting Aside Of
Part of Estate for Paying Annu-
tiles to the HOadleys.
The Plant estate seems likely, from
the amount OF litigation in which it is
involved, to be pretty we'll tied up for
a long time to come. The litigation has
been given an unique turn by Col. Lu-
Glen F. Burpee, attorney for Charles
E. and Horace K. Hoadley, sons of a
half-brother of the late Henry Brad
ley Plant, who have attached part of
the s26, OO0O 600 estate to guarantee pay
ment of certain annuities.
The New York Herald gives an inter
esting account of the proceedings
which have been instituted.
Mr.. Plant by his will limited the bulk
of his estate to the issue of his grand
son, now eight years ago. Judge Leven-
tritt, of New York, declared the testa-
ment invalid, but litigation has con-
tinued steadily in Connecticut ever
since.
Col. Burpee, at hearing in cham
bers before Judge Edwin B. eager, de-
clared that an actuary employed had
ascertained the chances of Mr.. Plants
son, grandson and great-grandson sur
viving until the moment of distribu-
ton to be so remote that he desired be-
tween $4,000, 900 and $26OOO,O00 of the
estate to be set aside to guarantee the
payment of certain annuities to the
Hoadleys. He also alleged that the ex-
ecutors and trustees had wrongfully
distributed the estate under the inter-
state laws.
Figured on Paternity.
Il understand from the actuary we
have employed" said the lawyer, that
there is an established ratio of a man
at certain age having no child.
cannot fix the money damages which
we are entitled to, of course, precisely.
But it is evident that inasmuch as the
property has been distributed the
plaintiffs are entitled to damages. A
sum of money there must be which
we might, under certain circumstances.
become entitled to if the property had
been left intact in this state, as it
ought to have been.
The death of Mr.. Morton F. Plant,
the son, has nothing to do with it, but
the failure of issue is measure that
is computable; second, the chances of
that issue, if there be issue, reaching
twentyone years of age; and again
the chances of the present living
grandson, Henry Bradley Plant, eight
years of age, surviving and having is
sue, as the will considers, is compu-
table.
I'VE claim that if the plaintiffs had
a contingent interest, which by the act
of the defendants has been entirely de-
stroyed, they are entitled to damages
for that interest"
rs it your theory that these plain
tiffs may be presumptive heirs; or that
although the will does not provide for
them, yet in some way the will can
be so construed as to give them in
certain contingencies a share in the
estate itself?" asked Mr.. Shipman, at
torney for the estate
Those are two points in our claim
| ought perhaps in frankness to say
that there is as to the amount of dam
age another method of computation
namely, that these plaintiffs are annui-
tants and their children will receive
$4,000 when they reach the age of
twenty-one.
''Th defendants in this case have de-
posted railway bonds, the income of
which trust company will distribute
to the annuitants, and they are about
to deposit in Hartford 500, 900 after they
have distributed the estate among
themselves.
Want Entire Estate.
1--WE claim that they have no right
to select any part of this estate for
annuities, because the testator left the
whole of his estate, and we have a
right to the whole of the Plant estate
as security for the payment of our an
nuities. We would rather have TWEEN
ty-six millions, more or less, as Sc
cur1ty than a few thousands of dollars
in railroad bonds. Theoretically it is
incorrect to protect the annutants by
such deposit of the bonds, but it would
undoubtedly be practical"
What is your present claim in this
suit, them"
We'll, hardly twenty-six millions"
Your clients have received the in
come of their annuity fund.-"
They have received money right
along, but there can be no question
that they are entitled under the cir
cumstances to damages"
Mr.. Shipman asked the court to dis
miss the attachments on the ground
that the damage claimed was not
stated as money demand" and be-
cause the attachments were excessive;
also because the claims as set out
could never by any theory upon which
pleadings can be drawn or contract be
money demand
Judge eager ordered both sides to
file briefs.