The Montgomery advertiser., 1902-01-07
1 PLANT WILL CASE
DOCUMENT STANDS AS MADE BY
 LATE RAILROAD MAGNATE
Rumored That Plant System Will Be Absorbed by the Louisville and Nashville-0ther Rail-
 road News

In view of the recent decision of the New York judge, before whom was pend- ing the contest by Mrs. H. B. Plant or the will of the late H. B. Plant further proceedings will be awaited with great interest. It was by the executors Of the will to have the estate administered m Connecticut. Mrs. Plants endeavor was to have it Administered in New York. Judge Leventritt has decided that the will should be probated in New York. Mrs. Plant maintained that the probate In Connecticut was invalid and has, there fore, won the case In the will she was left only a life annuity of $S0,Oo0, and the effect of Judge Leyentritt's' ruling will be to give to her full dover rights amounting to $7,oeo,0 coo.
 Just what effect this victory of Mrs. Plant will have is problematical ,and will be watched with great interest by the railroad world. In discussing the matter yesterday, railroad man, who seemed to know what he was talking about, said:
 'swhen Mir. H. B. Plants sad death occurred a few years ago, the prediction was made in high quarters that 1t was the beginning of the end of the Plant System. There is no doubt of the fact that the Plant System since then has never reached the splendid state of em- ciency that characterized it during MT. Plants life time. In fact, it looks as If the system has been gradually going down since then, and, in my opinion, the only thing that prevented collapse was the fact of the fight on the will of MT. Plant. Now that Mrs. Plant has won out Morton Plant and that side being defeated, firmly believe that 1t will only be a question of short time when the Plant System will be absorbed by some other road, whether the Southern or Louisville and Nashville remains to be seen"
 The New York World of Sunday says:
 "In the decision Is involved the point whether the Supreme Court of this State can overruie the authorities of sister State. Undoubtedly an appeal will be taken to the highest tribunal in the land,
 "Mr. Plant died in June. 1899. at his country home in Connecticut. His S2o,- GOO GOO estate has since increased by at least $4,00O 900. The suit was brought to determine whether MT. Plant at the time of his death was a resident of connectt- cut as contended by his executors, or a resident of New York. as contended by his widow. and to set aside the probate of the will in Connecticut
 ''Mr. Plants will left $so00O a year to | MTS. 1ldnL anu 1oU,VVu h yCdi to Aho OiAAS son, Morton Freeman Plant The rest of the estate was tied up for an indefi- mite period, covering three lives. This is invalid under the laws of this State but valid in Connecticut. Should the will De offered for probate in this State, Mrs. Plant could object and obtain her dover right of one third of the entire estate. "Mr. Plants only son is opposed to his mother in the present proceeding, despite the fact that he would benefit enormous ly should she be successful He IS bet ter satisfied to have his $SO,OO0 year annuity and have the entire estate, ac' cording to the provisions of his fathers | will, go eventually to his grandson. as yei unborn.
 "The son, should the widow finally win would benefit to the extent of $16O ,O0 since he is entitled to two-thirds of his l fathers estate if the will be set aside | in New York. His attitude, lawyers | say, Is unparalleled in the history oi American jurisprudence. With fortune | of sixteen millions pressed upon him, he went on the witness-stand and swort | under oath that he did not want it ano would be much better satisfied to havf his annuity and let the estate be tied III until his seyen-year-old son shall grow up, be married, have a son and that sor attain the age of 21 years. Justice Leventritt holds that MT. Plant died a resident of this city, having for many years maintained a handsome dwelling at No. 5S5 Fifth Avenue. Con- sequently, the Justice says, the will should have been probated and the es- tate administered here. His decision Is almost 20, 900 words long.
 At the trial there was a distinguished array of lawyers on both sides-John E. Parsons being senior counsel for Mrs. Plant, while Maxwell Evarts led the array of lawyers in behalf Of the ex- ecutors and of Morton Freeman Plant. Two or three days after her husband S death, Mrs Plant testified. a box con- taining $l5OOO, 600 or $17,0O0,00O in securi- ties was taken from his safe-deposit vaults in this city and removed to New Haven. Il was pointed out by John E. Parsons that, if the estate were admin istered in Connecticut, by the earliest period of time in which it would fall to Plants great-grandson it would reach the colossal figure of $160,000,Oo0, and if as possible. the estate should be tied ur eighty years 1t would reach $4O0, ,0OO, ,0OO
 Mrs. Plant has announced her inten- ton of erecting a big hospital in this city should she be successful in obtain ing her dover right of one-third of her husbands estate"
 Yesterday morning engine 2l Of the Western, was brought down to the local shops. This engine was the one that went through the culvert near Notasulga a week ago. When brought here the machine was entirely stripped and the Western shops here will begin the work of refitting. An effort will be made today to get the engine out of the ditch near Cusseta. Ever since the washouts there has been a congestion of freight cars in the Western yards. but by hard work the blockade was raised yesterday. Auditor Healy of the Western was here yesterday strengthening out the claims or cotton .etc.. damaged during the wash outs.
 The inaugural flight of the Florida Flyer began last night and today the
 first train en route to Florida will pass through Macon, the Central handling il from Atlanta to Albany. The new schedules of the Central took effect yes terday. the train leaving for Macon ir the afternoon leaving at 4:4O instead of 4:20. All the trains now go through to Macon instead of only to Fort Valley as heretofore, and one of the first results of the change was to bring Conductor Tom Half to Montgomery. It is the first