The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1903-01-28
PLANT CONTEST GOES ON.
ATTORNEY Z4CHER, BONDSMAN,
WANTS EXECUTORS REMOVED.

Late millionaire hntiEnauS steamboat
Man Have Made No Accoanting-AI-
Ieges Misuse of Property-NOveI Pro-
eeednruIn Judge CIevsIand's Court
Another move in the Plant will con-
test was made yesterday when Attor-
ney Zacher, as bondsman, filed a paper
in the probate court. alleging misuse of
the property held in trust by the exec
utors and makes the demand that they
submit a written statement to the
court in reference to the condition of
the estate at the present time. In sec
ton 213 of the revised statutes is a
clause to the effect that a bondsman
may file an application with the judge
of a probate court and that said judge
may request the executors to render
an account in writing within a reason
able time.
Attorney Zacher in the paper filed
gives se| eral reasons for his request,
among them the fact that the execu-
tors have failed to render a final ad-
ministration account. He further al
leges that the executors carried all the
personal property belonging to the es-
tate without authority or order from
the court and have made division Of
the estate among themselves contrary
to law and Mr.. Plants will.
The petition in full is as follows:
To the Honorable Court Of Probate for
the District of New Haven:
Your applicant respectfully repre-
sents:
1. That he is surety upon probate
bond, in which Morton F. Plant of
Groton, in this state, and Margaret ].
Plant Of New York city, Eynde Harri-
son of New Haven, George H. TiIley of
Darien, of this state, and Robert G
Erwin of Savannah, in the state of
Georgia, are principals, having been
appointed the executors of the last
will and testament of Henry B. Plant,
late of New Haven, in the probate dis
trict Of New Haven, deceased, should
faithfully discharge the duties of said
trust, according to law.
2. On the 10Th day of January. 1900,
the said Morton F. Plant, George II.
Tilley, Robert G. Erwin and Lynde
Harrison filed in the probate court Of
the district of New Haven an inven-
tory showing the amount of personal
property in their hands as executors
amounting to $16,9525 43.63. On Febru-
airy s, 1902, the said Morton F. Plant,
George H. Ti1ley Robert G. Erwin and
Lynde Harrison filed an administra-
tors account which was accepted Feb
ruary IA. 1902, the said executors
charged themselves with balance Of
personal estate on hand of $685.
42o.55 Subsequently the said Robert
G. Erwin and Lynde Harrison resigned
as executors of the estate Of Henry B.
Plant and their designations were ac-
cepted by the court After their resig-
nations had been accepted the said
Robert G. Erwin and Lynde Harrison
personally filed statements in this
court, which were accepted by this
court, and which statements showed
that when they resigned they left in
the hands of Morton F. Plant, George
H. Tilley and Margaret j. ]. Plant an
estate amounting In value to $17,40S,-
1892.
3. Said principals in said bond as
aforesaid have failed to render final
administration account, although the
time limited for the settlement of the
said Henry B. Plant estate has long
since elapsed.
4. Your applicant further alleges that
the said Morton F. Plant. George Fl.
Tilley and Margaret J. Plant have
without any order of this court, car
ried all the personal property belong
ing to the estate of the said Henry B.
Plant and without any authority or or
der from this court and have made
division of said estate among them
selves contrary to law and contrary to
the last will and codicil of the will of
said Henry B. Plant, and your appli-
cant further alleges that thereby the
said executors have neglected to per-
form their duties in executing the
trust placed In them by the said Henry
B. Plant and have wasted the estate
of Henry 3. Plant as left in their
charge.
Wherefore your applicant prays that
an order may come from this court re-
curing the said executors to exhibit
fully in writing, before said court. the
condition Of the estate held by them,
so that it may be ascertained whether
said estate is being properly managed.
If this court shall find that the said
executors, Morton F. Plant, George H.
Tilley and Margaret J. Plant have not
properly managed the estate of Henry
r. Plant, or have neglected to perform
teilir duties as executors, or have i'm
Henry B. Plant from the jurisdiction
of this court, or have divided the es-
tate among themselves contrary to the
provisions of the last will, and to re-
move the said executors and appoint
suitable persons to fill the vacancies
caused thereby
EDMUND ZACHER.
Judge Cleaveland has set the hearing
on this petition for the 10th day Of