The Montgomery advertiser., 1902-05-06
PLANTS x11LIoHs
Sons of H. P. Hoadley, Half Brother of Testator, Secure an Injunction.

Sons of H. P. Hoadley, Half Brother
 of Testator, Secure an Injunction. New Haven Register.
 The estate of the late Henry Bradley Plant. with its eighteen or twenty mill lions in shares of the Henry Bradley Plant Company. is not yet free from the Connecticut law. Although the Supreme Court of the State of New York decided A few months ago that the late railroad and steamship magnate was legally domi- eiled in New York and although the met fopolitan executors have taken out ad- ministration of the estate In the New York Surrogate's Court still there re- mains a condition of affairs which bids well to keep. the estate in Connecticut for eome time.
 This fact developed today when 1t was learned that the application of the New York executors, Mrs. Plant, the widow and Morton Plant. the son of the de- Cleaveland of the New Haven Court for the transfer of the property out of this Sourt's jurisdiction into that of the New York Probate Courts, will be vigorously opposed The applicants who are to be represented by the firm of Cross Hyde and Shipman of Hartford, will be given hearing at o'clock Monday afternoon A continuance. however, will be asked g. Colonel Lucien F. Burpee of Waterbury will represent the contestants. whose att titude is of an interesting nature They are Horace. c. Hoadley and Charles E. Horace P. Hoadley of this city, who was half brother of the deceased milliop- aire. and whose widow and daughter live at 304 Crown Street this city. They will claim that the funds of the estate should not be transferred to .She New York courts. because the will of Henry Brad 1ey Plant, is executed here. will hold the entire property in trust until the unborn great grandson of the testator shall have attained his majority and because of the alleged fact that if the widow, Morton Plant and his son. all should die. and thus make the peculiar will void. they would become legal heirs to the millions. On the other hand if the transfer is made to New York, the courts there will not recognize the will. and will divide the es tate, giving one-third to the widow and two-thirds to Morton r. Plant the son.
 Besides contesting the proposed trans. Yer, Colonel Burpee has brought injunc- tion proceedings to restrain temporarily. tease of the funds. This temporary ih- Function was signed by Judge Robinson, tof the Hartford Superior Court at the instance of the Waterbury attorney. How ever, the hearing on the application will no doubt go on, but at both this hearing and at that on the injunction the same Claims will be made. It will be claimed bn the side of the applicants that the decision of the Supreme Court in New York State should take precedence over the local Probate Court, whose jurisdic- tiOn Is inferior to that of the New York bench. Colonel Burpee appearing for the Waterbury contestants. who. it is said. are merely fortifying themselves against an improbable contingency, will claim that the Connecticut court need not be Governed by the New York decision and that the Superior Court in this State was the proper place for an appeal from Judge Clevelands original decision. in which he declared New Haven as Plants domicile, to be carried to.
 / The funds involved in this new deyel- ppment of the case are detailed in the executors account which was rendered to Judge Cleveland in February. The ac count was filed as the final statement of the condition of the estate and was brought into the local court as if the New York executors recognized the jur- Isdiction of Judge Cleveland. But during that hearing Judge Lynde Harrison and Robert G. Erwin of Savannah. Ga., re- signed as executors and left only the New York administrators in charge. This was explained as the preliminary move before taking the matter into the New | York court. |