The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-17
RIGHTS OF UNBORN
CONSIDERED BY THE COURT IN
THE PLANT WILL CASE.
THE TRANSFER TO NEW YORK
MIGHT MEAN A DIVISION OF THE
GREAT ESTATE.

Judge CleaveIand Withheld His De-
ctsfOn at New Haven-Parties In
terested, Save Mrs. Plant, Had Pc
titiOned for the Trnnsfer-New
York Laws DiscOuntenance such
BequeSts as Mr. Plant Mnde-Con-
necticut Laws Do Not.
New Haven, Conn.,, Dec. 16.-In or
der to guard the rights of the posi-
Bile issue of an S-year-old, Judge Liv-
lngston w. Cleaeveland in the Probate
Court to-day reserved his decision or
the petition of parties interested in
the estate of the late Millionaire Hen
ry B. Plant, asking the court to
declare New York instead of New
Heaven to have been the place of
Mr.. Plants legal residence at the
time of his death in New York in 1899.
BY the terms of Mr.. Plants will
the major portion of his estate, which
amounted at his death to $4,000, 900,
was to be kept intact for several de-
cades, and be given in full to the chill
dren of the infant grandson, Henry
Brady Plant, it's value by that time
being estimated at $SO,OOO,OOO.
By the petition, on which a hearing
was had to-day, Charles E. Hoadley,
Emma K. Hoadley and Horace G..
Hoadley, all of Waterbury, abandoned
their contention, which had caused
much litigation in the courts. that
New Haven was Mr.. Plants legal
residence, and united with executors
of the will, Morton P. Plant, and
George H. Tilley, 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 Mr.. Plants resi-
dence was in New York City, but
heretofore the Hoadley heirs have en-
deavored to keep the administration of
the estate in Connecticut and have con-
tested its removal to the New York
courts jurisdiction. In the statements
made by the several attorneys to-day,
it appeared that the parties in in
terest 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 anciliary to that in New
York, but the terms of the agreement
were not mentioned.
Legal Notices to All.
In response to an inquiry from the
court for more light on the matter
of the rights of the unborn, the at
torneys set forth that legal notice had
been given all persons who could in
any way have an interest in the es-
tate, including the grandson, and that
such legal service was all that could
be given.
The court reserved decision, saying
that it wished to give careful considera-
ton to the matter of the rights of the
unborn and also to determine whether
the probate courts of Connecticut are
bound by a decision of a court of
general jurisdiction in another state.
1t 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 pro-
vision bequeathing the estate to the
issue of the grandson, the laws of New
York discountenancing such bequests
in perpetuity, while the Connecticut
laws sanction them, and that distri-
button of the estate might be per
mitted.
Mrs. Margaret F. Plant, the widow.
who is an executor of the will, did not
appear as a signer of the petition to the
Probate Court.
F. Robinson of New Haven, counsel
for the grandson, Henry Bradley Plant
as his guardian ad Item. He also
appointed William H. Ely of this civ
as guardian ad Item for the three
Hoadley children.