The Montgomery advertiser., 1903-12-17
UNBORN PLANT HEIRS DECISION RESERVED TO GUARD Fl THEIR RIGHTS. E -o- Action of Judge Cleveland at New Haven in Litigation of the
 Millions of the Rail- [ road Man.

New Haven, Conn, Dec. 16.-ln order to guard the rights of the possible issue or an eight -year-old gradson, Jndge Lvins- ston w. Cleveland in the probate court today reserved his decision on the 2peti- ton of parties interested in the estate of the late millionaire Henry B. Plant, asking the court to declare New York in- stead of New Haven to have been the place of Mir. Plants legal residence at the time of his death in New York m 1899
 By the terms of Mir Plants will the major portion of his estate. which amounted at his death to n7.0o0.ooo. was to be kept intact for several decades and be given in full to the children of the infant grandson, Henry Bradley Plant, its value by that time being estimated at $s0, 900, ,000 &#TSS
 By the petition on which a. hearing was held today. Charles E. Hoadley. Emma K. Hoadley and Horace c. Hoadley, all of Waterbury, abandoned their conten- ton which had caused much litigation in the courts that New Haven was Mir. Plants residence, and united with execu- tors of the will Morton P. Plant and George H. Tiliey of New York, in asking the court to proclaim New York to have been his residence.
 The New York Supreme Court has al- ready decided that Mir. Plants residence was in New York city, but heretofore the Hoadley heirs have endeavored to keep the administration of. the estate in Con- necticut and have contested it's removal to the New York courts Jurisdiction.
 In the statements made by the several attorneys today it appeared that the par ties in interest had agreed to accept de- cree recognizing the validity of the New York courts decision and making the oAs infa of tat In. cut ancilliary 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 of the rights of the unborn, the attorneys set forth that legal notice had been given all persons who. could fu any way have an interest in the estate, including the grand- son. and that such legal service was all that could be given. d.. .t....-...
 The court reserved decision, saying that it wished to give careful consideration to the matter of the rights of the unborn and also to determine whether the pro- bate courts of Connecticut are bouIid by a decision of a court of general turisdic- tion 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 bequeath- ing the estate to the issue of the grand son. the laws of New York dscounten- ancing 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 ap- pear as signer 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 guardian ad Iitem. He also appointed Will liam H. Ely of this city as guardian ad Item for the three Hoadley children.