New-York tribune., 1902-01-05
MRS. PLANT WINS DOVER.
JUSTICE LEVENTRITT DECIDES FOR
HER IN WILL FIGHT
SHE WILL RECEIVE 100000 AS RESULT OF
DECISION THAT DEAD CAPITALIST
LIVED HERE

Justice Leventritt in the Supreme Court yes
terday handed down a decision that the will of
the late Henry Bradley Plant should be estab-
Iished as that of a resident of this city. This
decision is victory for Mrs Margaret j. Plant.
the widow who contested the validity OF a codi-
ell to the will, by which Mr.. Plant just before
his death attempted to tie up his personal estate
until the youngest one of his grandchildren. now
boy of six years. should become of age. He
went New-Haven. Conn. on June 20. 1899
and executed the codicil there in the expectation
Of evading the laws of this State against tying
up the residuary estate Then he returned to
this city and to his home and three days later
he died. He eighty years old, and had lived
in this city for many years.
Mr.. Plant the founder of the Plant sys-
TEN of steamships, railroads and hotels and his
personal estate was worth about $21 100000 at
the time Of his death Justice Leventritts de-
cision Will give to Mrs. Plant her dover inter-
est in the estate amounting to about S1000OO0
whereas if the Codicil executed in New Haven
were sustained she would have only annuity
Of $4,000 derived from trust fund. Mrs.
Plant contended that in executing the last codi-
Gil to his will her husband tried to evade the
laws OF the State of NewYorl in the alienation
Of his estate. and that the declaration made in
the, codicfL that he was resident of Connecticut
was made for the purpose Of carrying out such
object, whereas he was not a resident or
Connecticut. and owned no real property in that
State.
Mrs Plant asserted that when she was ig-
norant of the effect of her action and not
represented by counsel she permitted men who
had been her husbands legal advisers to take
charge of his will and the COdcils, and they
took them to Connecticut and filed them in the
Probate Court in New Haven. At point in
his decision Justice LeYentritt says
1t does not require extensive search to
discover motive Mr.. Plants proposed testa-
mentary disposition invalid under the laws
of New-YoTk but valid under the laws of
Connecticut Beyond this very obvious induce
ment to acquire a NeW-Haven domCile, there
are less definite items of evidence show
ing a desire escape New-York burdens of
taxa ton. Independent of a motive Mr..
Plant never III fact abandoned his NeW-YOrk
domicile did any act from which the fact
OF changed residence could be inferred. Read
in the light of motive. the expression of the
intent, far it went. loses much OF
it's legal vitality.
Mr. Plant then. died a domiciled resident Of
the State and city OF New-Yo FORK Here was the
situS therefore. of his vast personal property:
here was the jurisdiction where his will should
have been admitted 10 probate; here il should
have been interpreted and declared valid or in
valid. according TO the law and practice Of our
courts; here administration and distribution
should have been had.
Therefore l OF the opinion that the will
OF Mr. Plant should be established in this juris-
diCton thai Of resident Of the County and
State OF New-York at the time of his DEATH