Norwich bulletin., 1921-12-01
EMINENT LEGAL TALENT
 TEsTIFIEs IN PLANT CASE

The trial Of the Morton F. Plant es- tate case was resumed in the superior court at New London Wednesday before the Hon. Allyn l.. Brown, judge. The three executors that were active in the administration of this estate were George l.. Shearer, ~FrancIs dec. Sullivan and the United States Trust Co. The estate has been in process of settlement since November, 1918, and it is stated will take another year before a complete set clement and full distribution of all the property can tak{place. The estate in yentoried about tBirty-three million dol lars and the debts and outlays of the es- tate amount to about seventeen millions of dollars. The charges of the three ex- ecutors for their services for the three years past are three hundred thousand for each executor in all nine hundred thousand dollars. The pending trial and contest is over the amount of the charges of the executors for their services, the heirs of the estate claiming that those charges are exorbitant and should be re- | duced by the court. Many witnesses call | ed in behalf of the executors and tie ex- l ecutors themselves testified that the charge of s30o,0eo for each execu-or was | just and reasonable considering the cons fused and entangled situation of the prop- erty of the estate. Many other witnesses
 were called for the heirs who testified 1 that the charges were unreasonable, ex- 1 cessive and should be cut down. The witnesses called by the attorneys l for the executors in support of the fees l claimed were George L. Shearer, F. dec. | Sullivan, Frederick Taylor of Stamford an ex-prebate judge, MT. Fem, of the Connecticut Insurance Co, one of the l managing directors Of the United States Trust Co.,. ex-Judge Henry B. stoddar, of New Haven, JuDSe |. B. W aller, Pro-
 bate Judge Nelson J. Ayling of this city l William H. Shields, of this city, presi- | dent of the New London county bar
 and others.
 On behalf of the heirs opposing the feey
 witnesses included. ex-Goyernor Marcu
 H. Holconlb of Southington ex-Judg,
 Donald G. Warner of Salisbury, ex-Judg, ] Silas A Robinson of Middletown ex
 Judge John NJ Thayer cf Norwich. ex
 States Attorney Charles Phelps of Rock l vile and others.
 F. dec. Sullivan, one of the executors
 testified more than s36.OOO. 900 had passe, 1 through the hands of the executors sine
 MT. Plants death. He said that the gain
 from the sales of assets to the estat
 amounted to $1,172,775.59 and that tn
 losses amounted to 112659S.O7. makn
 & net profit to the estate of s46177.52 MT. Sullivan also cited instances C
 stocks which are being held by the execu tors which have appreciated since MI Paints death. to the amount of s416,43t
 The witness said that Mrs Hayward who is MT. Plants widow and one of tn executors, never went to the estate offic
 except to attend meetings but that he ha
 often gone to her home and reported tn
 activities and policies of the executors MT. Sullivan testified that he though f sS0o,oo0 was reasonable fee for h | services.
 {. i Under cross examination by Attorne l Hadlai A. Hull MT. Sullivan admitted ths as the man in charge of Mr. Paints fiji :. ancial affairs, he was informed as to u l i condition of the Shore Llne Electric Raj e way Co.,, of which he was director, ar
 that he knew about the investments an | condition of companies in the south n which Mir Plant was interested
 !, You didn't have to search much g find out about the condition of these con s panies, did you, Mir. Sullivan?" inuiret n Major Hull and MT. Sullivan admittt
 that he did not.
 MT. Plant had no office other than Il p one which is now the estate office did he. n asked Attorney Hull.
 ''No'' was the answer.
 s MT. Sullivan admitted that securfti a of the estate were at the office and tft all other stocks and bonds of the esta
 were in that office ,i Tt didn't require much search arouI ,t to find them did it?" the witness was as :, ed and he replied that 1t did not. n MT. Sullivan admitted that the Unit, l. States Trust So. as 8 trust company W
 one of the executors kept in touch wi G. the market regarding the securities
 the estate and he also admitted that a
 praisers had been hired and paid to a
 praise the estate at Eastern Point al
 New York.
 D There was much discussion over t n New York rule that standardizes the to the compensation of executes at 5 D ,e cent of the inventory. On the New To 8 rule the executors fees in the plant T. tate would amount to s1,650,o00 on t m 55 million dollar inventory. It was a m mitted that the New York rule ;s r sh binding in the state of Connecticut, CT though it was strongly invoked as aidi K In fixing the compensation where the IT
 Is just and reasonable charge for t al services actually rendered in the manat r. rnenf and settjemenf of the estate