The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-01-07


does not pass upon at all, because he
deems it unnecessary. on account of his
views on the first question but as TO
that question he reaches the conclusion
That Mr.. Plant never gave up his domi-
Gle in this city and says:
His Home Here.
9 r liant then died a domiciied res
ident of the state of New York and city
OF New York. Here was the situs
therefore of his vast personal property;
here the jurisdiction where his will
should have been admitted to probate;
here 1t should have been interpreted
and declared valid or invalid, accord
ing to the law and practice of our
courts; here administration and distri-
button should have been had
Mr.. Plant was the proprietor and
manager of several railroad and steam
ship lines. At the time of his death
he was so years of age. He died at
ms residence in this city, No. 585 Fifth
avenue leaving surviving a widow,
Margaret J. Plant; a son, Morton Free
man Plant and a grandson of that
name, who is now about years of
ago. Mr.. Plant executed his will on
Jan. o. 1893 and the codcils on Nov
%, 1894: May %, 1899, and June 20, 1899.
me hrSt three papers were executed
IN this city and the last codicil in New
Haven, Conn, while he was there on
visit, three days before he died. BY
the provisions of the documents it was
directed that an annual income of $780,
600 each should be paid to his widow
and son, but they tie up the entire for
tune during the lives of the widow, son,
daughter-in-law and grandson-now Z
years old-until the youngest child of
the grandson reaches the age of q
years. Mrs Plant contends that the
VIII is invalid under the laws of this
state, and insisted that the papers were
probated in Connecticut where they
are valid, for the purpose of evading
the laws here. and also to avoid the
payment of the heavy taxes in this
state, especially the inheritance tax
which will amount to hundreds of thou
sands of dollars on such a large estate
short time after her husband died
MRS. Plant went to Connecticut. hav-
ing been told that her husbands win
would be probated in New Haven.
There she met the executors and trus-
tese of the estate--her son, Morton
freeman Plant; Lynde Harrison of New
Haven; Robert c. Erwin and George II.
I1lley. who had been her husbands
confidential secretary.
She was told that her husband had
died a resident of Bradford Conn,
which is near New Haven, and that
his will should be probated there. I'm
VEL AHt circumstances she signed the
petition for the probate of the papers,
and they were subsequently admitted
TO probate there. Another peculiar cir
cumstance that she mentioned was the
Tact that two or three days after her
husband died a box of securities con,
tanning property valued at between
5000, 900 and $17 100000 was taken from
his safe deposit vaults in this city to
New Haven, 1t was said that the tax
this nTnnprfW had 10 do
with its removal.
Charge Misrepresentation.
Mrs. Plant commended that IL was
under misrepresentation that she
signed the petition for the probate in
New Haven, and in bringing the pro-
ceedigs here she asked that those pro-
bate proceedings be set aside and that
the will be submitted for probate here
She was represented on the trial by
John E. Parsops and William d. Guth-
rie. Mr.. Plants son did not side with
her in this suit, and together with the
other executors, was made a party de-
PENDANT in the action. They were rep
resented by Lewis Cass Ledyard and
Maxwell Evarts. who raised the CON
tention that Mr.. Plant had given up
his residence in this city and had de-
clared his intention to several friends
to live his remaining days at his old
home in Bradford Conn
At tibet lime of the death of Mr.
Plant his estate was estimated to be
worth $l7.000.000. but at the time of
the trial. in January year ago, il had
increased to $40. 200, 900. The estate is |
in personal property, and
at the rate of four per cent. interest |
yields an income of 100000 and at five |
per cent. $l,000,000 a year. 1t was de- |
clared that If heIprovislons of the |
VIII and codicils were carried out UNI |
der the laws of Connecticut the IS
tate might be tied up for sixty or even |
eighty years, and in sixty years it |
would have increased to S160 600. 200 and |
in eighty years to almost $500, 900 900. |
Should Mrs. Plant succeed in having |
the will declared invalid under the |
laws of this state, then the large fort |
llne of her husband will have 10 be |
AS II he had died intestate, |
and on the basis of It's present value |
she will receive then between 81, Goa. 600 |
and S7.000,000 while Mr.. Plants son /
will inherit something like $4,000, 900.
During the trial of the case before !
Judge Leventritt il was stated by Mr.. |
Parsons and Mr.. Guthrie that MIR. |
Plant never gave up his residence in |
this city, and to strengthen that asser-
ton 1t was said Mr.. Plant had ex- !
pressed his intention of establishing a
most complete hospital in. this city, and |
also of making some liberal provision
for his old and trusted employees. His
sudden and unexpected death after a
few days Illness, however, prevented
him from consummating these desires.
Mrs. Plant however. has stated that
she intends to carry out the wishes
that her husband expressed in his life
time, II she inherits a sufficient amount
of his fortune to do so. The point made
as to the validity of the will and cod
tells under the laws OF this state is that
they are invalid here because they tie
the entire fortune up for more than
two lives in being. thus suspending>the
power Of alienation during that perio l.
Mr.. Plant WAS born i'm Branford.
Conn, on October "a. 1919. His ances-
tors were OF Connecticut stock. When
he was 81 he was a deck hand on line !
of boats plying between this city and
New Haven. He first became resi-
dent Of this city between 1886 and 1854.
lie subsequently went TO Augusta Go.
where his first wife died, In 1861. lie
left that city during 1869 and returned
TO this city A. the beginning OF he
CiYl War De organized the Southern
Express Company. and IN 1873 was
10 Mrs. Plant uuw his widow /