The Birmingham age-herald., 1903-12-17
PLANT HEIRS WILL
 REACH AGREEMENT
Both Sides Consent 10 N. Y.
 Being Declared His Residence 4 DECISION IS RESERVED
Judge Cleveland Wants Some Time to Consider Legal Rights of the Pos
 sibIe Issue From the Grand
 son of the Late Mir. Plant.

New Haven, Conn.,, December 16-In order to guard the rights of the possible | issue of an eight-year-old grandson, Judge Livingston W. Cleveland in the probate court, today reserved his decision on the petition of the parties interested in the estate of the late millionaire, Hen- ry B. Plant, asking the court to declare New York instead of New Haven to have been the place of MT. Plants legal ! residence at the time of his death in New York, in 1894.
 By the terms of MT. Plants will, the major portion of his estate, which | amounted at his death to s17, 100000, was to be kept intact for several decades, and to be given in full to the child and chil- dren of the infant grandson, Henry Brad ley Plant, it's value by that time being estimated at $So,0oO,ooO. By the petition, on which a hearing was held today, Charles E. Hoadley. Emma Hoadley and Horace G. Hoadley, all of Waterbury, abandon their contention, which has caused much litigation in the courts, that New Haven was MT. Plants legal resi- dence and united with the executors of the will, Morton B. Plant and George H. Tilley of New York. in asking the court to proclaim New York to have been his residence
 Already Decided.
 The New York supreme court has all ready decided that MT. Plants residence was in New York. city, but, heretofore, the Hoadley heirs have endeavored to keep the administration of the estate in Connecticut and have contested it's removal to the New York courts jurisdic- ton. In the statements made by several attorneys today, it appeared that the parties in interest had agreed to accept a decree recognizing the validity of the New York courts decision and making the administration of the estate in Con- necticut ancillary to that in New York. but the terms of the agreement were not mentioned.
 In response to an inquiry from the court for more light on the matter on the rights of the unborn, the attorneys setforth that legal notice had been given all pers- ons who could in any way have an inter- est in the estate, including the grandson and that such legal service was all that could be given.
 Rights of the Unborn. The court reversed decision, saying that | 1t wished to give careIul cOnSluerdllOn | to the matter of the rights of the unborn, and also to determine whether the pro- bate courts of Connecticut are bound by a decision of a court of general juris- diction in another state.
 It is said that one of the results of the granting of the petition and the transfer | of administration to New York would be the vitiating of the provision bequeathing | the esate to the issue of the grandson, the laws of New York dscountenancing such bequests in perpetuity while the Connecticut laws sanction them. and that the distribution of the estate might be permitted.
 Mrs. Margaret F. Plant, the widow. who is an executor of the will, did not appear as sgner of the petition to the probate court.
 | Judge Cleveland appointed Lucius F. Robinson of New Haven counsel for the | grandson, Henry Bradley Plant, as his l guardian ad litem. He also appointed Will | liam H. Ely of this city as guardian ad Item for the three Hoadley children.