POLK COUNTY, FLORIDA




HENRY B. PLANT

I, Henry B. Plant of the city, county and state of New York do make, publish and declare this as, for, and to be my last will and testament hereby revoking all prior wills and codicils by me at any time here to fore made.

First. I hereby nominate and appoint my wife, Margaret J. Plant, my son Morton Freeman Plant and my friend George H. Tilley executors of and trustees under this my last will and testament. Whenever by reason of death, resignation or other cause, there shall be but two acting executors of and trustees under this my last will and testament such two executors and trustees shall, by an instrument in writing executed under their hands and seals and which shall be filed and recorded in the office in which this will is admitted to probate appoint a successor to the executor and trustee ceasing to be such by reason of death, resignation or other cause, and such successor, upon his acceptance of the office, shall be possessed of, and invested and charged with, all the rights, powers and duties of one of the executors and trustees nominated and appointed in this my last will and testament, including the power of joining with a co-executor and trustee in appointing here under a successor to an executor and trustee. Any such successor may be a corporation duly authorized by the laws of the state of New York to act as executor and trustee, or an individual, as the two executors and trustees appointing such successor may deem best. Until such successor is appointed the two remaining executors and trustees shall have all the rights, powers and duties possessed by the three executors and trustees named herein. Neither of the executors and trustees whether named by me or substituted under the fore-going provisions, shall be required to give any bond for the performance of their duties as such nor shall they be required to make any inventories or accounts or returns of my estate or any portion thereof to any court or public officer.

It is my desire that my executors and trustees shall take as their counsel my legal adviser and friend Robert G. Erwin.

Second. I give, devise and bequeath unto my said executors and trustees and their successors, all my estate real, personal and mixed of which I shall ??? seized and possessed or to which I may be entitled at the time of my death, and wherever situate, upon the trusts and conditions following that is to say:

1. To pay all my just debts and funeral expenses.

2. To give and convey unto my beloved wife Margaret J. Plant, the sum of one hundred thousand dollars, for which her receipt shall be and effectual discharge, the same to be invested by her in the erection and maintenance of an institution at Branford in the State of Connecticut, to be known and designated as the H. B. Plant Home for the Aged, my wishes and intentions as to which having been fully confided to my said wife and who will effectuate this same in such manner as will make such institution the legal possessor and beneficiary of the said sum of one hundred thousand dollars.

3. To pay to George H. Tilley in recognition of his fidelity and friendship the sum of ten thousand dollars ($10,000) the same to be paid within one year after my decease.

4. To pay, within one year after my decease, to Fanny Hinds, if she shall remain in my employ until my death, the sum of one thousand ($1,000) in recognition of her fidelity.

5. To pay to the child or children of Lynde Harrison and his wife Sarah, the deceased daughter of Samuel O. Plant of Branford in the State of Connecticut the sum of ten thousand dollars ($10,000) to be equally divided between them the share of each to be paid to them respectively when the youngest child living arrives at the age of twenty-one years, and if any child or children shall die before arriving at the age of twenty-one years, the share of such child or children shall be pass to surviving children or child when the youngest living child shall arrive at the age of twenty-one years: and the share of any child or children that shall die after arriving at the age of twenty-one years and before having received his or her share shall be paid to the surviving child or children when the youngest living child arrives at the age of twenty-one years.

6. To permit my brother, Horace P. Hoadley to have the use of the residence number 304 Crown Street in New Haven Connecticut with so much of the land on which it is situated as I derived from my mother Mrs. Betsey Hoadley late of New Haven, deceased, so long as he shall continue to reside therein: and from and after the death of my said brother, should he at the time of his death be residing therein and leave his wife him surviving, to permit his wife to retain the use of the same as long as she shall continue to reside therein: such use of said premises by my brother and his wife shall be without the payment of any rent, but on the condition that he or she shall pay all taxes assessed thereon and the premiums for insuring the improvements on the land, and shall keep such improvements in repair during their occupancy of the same.

7. To collect the rents, income and profits of the residue of the said estate, or to sell and convert the same into money, and to reinvest the proceeds thereof, and all surplus revenues in such securities as in their judgement may seem prudent, or to keep the residue in the same investments in which they shall find the same at the time of my decease, and without any obligation to reinvest the said residue in such securities only as are authorized by law for investments by trustees, and without any responsibility for such investments as may be made by them, or for the retention of such investments as they shall find at the time of my decease. And full power and authority is hereby given to my said executors and trustees and their successors to sell, bargain, exchange or otherwise dispose of, all or any part or parts of said estate for cash or on credit, at public or private sale, with or without notice, at such time or times and in such manner as to them may seem best and without obtaining any order or judgment from any officer or court thereof: and also to make, execute and deliver all such conveyances, assignments, releases and transfers as may be requisite or necessary in pursuance of any such sale, exchange or other disposition of said estate or any part or parts thereof.

8. Out of the income and profits of the said residue of my said estate, to pay to Martin Loughman, the father of my said wife Margaret J. Plant, one thousand dollars ($1,000) per annum during his natural life and to continue the payment of the same sum to his wife during her natural life, after the decease of her said husband, as long as she remains his widow.

9. To pay out of the income and profits of the said residue of my said estate to Mrs. Mary Plant, widow of Samuel O. Plant, late of Branford, Connecticut, deceased, the sum of one thousand dollars per annum in equal quarterly payments in advance during her natural life, and after her decease leaving her surviving her daughter Ellen Plant, to pay the said sum annually in like manner to said Ellen Plant for and during her natural life; and in case the said Mrs. Mary Plant shall be dead when this will takes effect then to pay said one thousand dollars per annum as aforesaid to said Ellen Plant during her natural life. I hereby request Mrs. Mary Plant and her said daughter Ellen to expend the money which they may received under this provision of my will for their own maintence and support.

10. To pay out of the income and profit of the said residue of my said estate to my brother - Horace P. Hoadey the sum of two thousand five hundred dollars per annum in equal quarterly payments in advance during his natural life.

11. To pay out of the income and profits of the said residue of my said estate to my said wife Margaret J. Plant during her natural life the sum of thirty thousand dollars ($30,000) per annum in equal quarterly payments in advance.

12. To pay out of the income and profits of the said residue of my said estate to my son Morton Freeman Plant during his natural life the sum of thirty thousand dollars ($30,000) per annum in equal quarterly payments in advance.

13. In case my said son should depart this life leaving a widow and child or children lawfully begotten, to pay out of the income and profits of the residue of my estate to said widow for the support and maintenance of herself and said child or children, so long as she remains the widow of my said son, the sum of Fifteen thousand dollars ($15,000) per annum in quarterly payments in advance: but upon her death or intermarriage with another husband, then to pay out on use according to the discretion of my said trustees said sum or such other sum or sums as my said trustees may deem best for the support, education and maintenance of said child or children and representatives of children for and during the life time of my said wife Margaret J. Plant and until the youngest child of my said son shall have attained the age of twenty-one years.

14. In case my said son should depart this life leaving a widow and no child or children or representative of children as aforesaid, to pay out of the income and profits of the residue of my said estate to said widow during her natural life, if she shall so long remain the widow of my said son, the sum of six thousand dollars per annum in quarterly payments in advance: these payments to cease after her death or intermarriage with another husband.

15. After the deaths of my wife, the said Margaret J. Plant and my son the said Morton Freeman Plant and his said wife, or after the deaths of my said wife and my said son only, should his said wife survive him and again marry, then upon the death of the survivor to hold all the rest and residue of my said estate in their hands for the use of such child or children of my said son Morton Freeman Plant, as aforesaid, who may be living at that time: and if any of the children of aforesaid of my said son Morton Freeman Plant shall have died leaving issue living at the time, the issue of such deceased child shall be entiltled to the share or portion which the deceased parent should have taken if living; and when the youngest of said children of my said son shall attain the age of twenty-one years, to divide, pay, convey and transfer all the rest and residue of my said estate in their hands to each child or children who may be then living, the child or children of a deceased child to represent the parent and take the share to which the deceased child would have been entitled if living, per stirpes and not per capita.

16. If my said son should depart this life without leaving any such child or children or representative of children as aforesaid, then during the life time of my said wife Margaret J. Plant and the life time of the widow of my said son, should she not marry again, and the life time of the survivor of them, to pay to my said brother Horace P. Hoadley the sum of five thousand dollars ($5,000) per annum, in quarterly payments in advance; and should my said brother Horace P. Hoadley depart this life before the death of my said wife and the death of the widow of my said son, or her intermarriage with another husband, then to pay the said sum of five thousand dollars ($5,000) per annum in quarterly payments in advance to such child or children of my said brother Horace P. Hoadley who may be then living, share and share alike, the child or children of a deceased child to represent the parent and take per stirpes and not per capita.

17. If on the decease of my said wife and the decease of the wife or widow of my said son he shall have have died or shall thereafter die leaving him surviving no child or children or issue thereof as aforesaid, then to pay, transfer and convey all the rest and residue of my said estate to my said brother Horace P. Hoadley, if he should then be living, but if he shall then have died, leaving issue, then to divide, distribute, pay, transfer and convey the said estate to such child or children of my said brother as may then be living, share and share alike, to them their heirs and assigns forever, the child or children of a deceased child to represent the parent and take the share or portion which the deceased parent would have taken if living, per stirpes and not per capita.

In witness whereof I have hereunto set my hand and seal at the city of New York this twenty-third day of January, Eighteen Hundred and Ninety Three. Henry B. Plant (Seal). Signed, sealed, published and declared by the said testator, Henry B. Plant as, for and to be his last will and testament in the presence of us, and of each of us, who at his request and in his presence and the presence of each other have hereunto signed our names as witnesses, the day and year above named.

Robbins B. Smith, No. 12 W. 23rd St. N. Y.
F. de C. Sullivan, No. 12 W. 23rd St., New York
W. H. Hendee, No. 12 W. 23rd St., New York.


I, Henry B. Plant of the City, County and State of New York do hereby make publish and declare the following codicil to my last will and testament; I revoke and annul the legacy of one hundred thousand dollars which by my said last will and testament I gave and conveyed to my beloved wife Margaret J. Plant to be by her invested in the erection and maintenance of an institution at Branford in the State of Connecticut to be known and designated as The H. B. Plant House for the Aged.

In all other respects I ratify and confirm my said last will and testament. In witness whereof I have hereunto set my hand and seal at the City of New York this twenty-second day of November, Eighteen Hundred and Ninety-four.

H. B. Plant (Seal)


Signed, sealed, published and declared by the above named testator Henry B. Plant at the City of New York on the day of the date thereof as and for a codicil to his last will and testament in the presence of us who in his presence and in the presence of each other and at his request have hereunto subscribed our names as attesting witnesses and the said testator at the time of executing the same did declare and acknowledge the same to be a codicil to his last will and testament.

R. B. Smith, No. 12 West 23rd St., N. Y.
W. H. Hendee, No. 12 West 23rd St., N. Y.,
F. de C. Sullivan, No. 12 West 23rd St., N. Y.


I, Henry B. Plant, of the City, County and State of New York, do hereby make, publish and declare the following codicil to my last will and testament, bearing date January 23rd, 1893:

1st. I decare that the codicil to said last named will and testament which I executed on the twenty-second day of November, 1894, is of force.

2nd. In addition to the executors and trustees named in my said last will and testament, I nominate and appoint my friends, Lynde Harrison and Robert G. Ervin, Executors and trustees under the same, who, with the executors and trustees named in said will, shall have all the powers, rights, estates, obligations and duties which, under said last will and testament are given to or devolve upon the executors and trustees therein named, and I further declare and provide that whenever, by reason of death, resignation or other cause there shall be but four (4), or a less number, of acting executors and trustees under my said last will and testament, such four, or a less number of such acting executors and trustees shall, by an instrument in writing, executed under their hands and seals, and which shall be filed and recorded in the office in which said will is admitted to probate, appoint a successor or successors to the executor and trustee, or executors and trustees, ceasing to be such by reason of death, resignation or other cause: and such successor or successors, upon his or their acceptance of the office, shall be possessed of and invested and charged with all the rights, powers and duties of original executors and trustees nominated and appointed in my said last will and testament, including the power of joining with the co-executors and trustees in appointing a successor to an executor and trustee.

Any such successor may be a corporation duly authorized by the laws of any State of the United States to act as executor and trustee. Until such successor or successors is or are appointed the remaining executors and trustees being in number not less than three (3), shall have all the rights, powers and duties possessed by the five (5) executors and trustees provided for in said last will and testament, as amended by this codicil. Neither of the executors and trustees, whither named in said last will and testament, or in this codicil, or substituted shall be required to give any bond for the performance of their duties as such, nor shall they be required to make any inventories or accounts or returns of my estate, or any portion thereof, to any court or public officer.

3rd. Since the making of my said last will and testament, my brother Horace P. Hoadley, has departed this life and I have made a conveyance of the property referred to in the sixth clause of the second item of my said last will and testament as the residence No. 304 Crown Street, New Haven, Connecticut, with certain land therein mentioned: I now revoke the provisions made in said sixth clause of said second item of my said last will and testament, together with the devise and bequest therein made.

4th. I desire my executors and trustees to see to it that the bequest made in the ninth clause of the second item of my said last will and testament shall be expended for the maintence and support of Mrs. Mary Plant and her daughter Ellen, or either of them: to which end I request and empower my executors and trustees to apply the bequest therein made directly to the maintenance and support of Mrs. Mary Plant and her said daughter Ellen, or either of them, instead of paying the same directly to Mrs. Mary Plant or her daughter Ellen, in such manner as will best conduce to their comfort.

5th. My brother Horace P. Hoadley having departed this life the bequest made to him in the tenth clause of the second item of my said last will and testament is null and void and is revoked.

6th. I hereby revoke and declare null and void the sixteenth clause of the second item of my said last will and testament, and in lieu thereof I make the following provision, viz: to pay out of the income and profits of the said residue of my said estate the following sums of money to the following named persons and for the terms following, viz: To Charles E. Hoadley during his natural life twelve hundred dollars ($1,200) per year; to emma, wife of Charles E. Hoadley, during her natural life twelve hundred dollars ($1,200) per year: to George Hoadley, during his natural life, twenty-five hundred dollars ($2,500) per year, each of the same to be paid in equal quarterly payments. To pay to the children of Charles E. Hoadley and his wife Emma, when the youngest child attains the age of twenty-one (21) years, the sum of fifteen thousand ($15,000), to be equally divided among them, the child or children of a deceased child to take the place of the parent and to take per stirpes and not per capital the share to which the parent would have been entitled if in life at the time of the distribution.

7th. In addition to the bequests in my said last will and testament, I desire my executors and trustees to pay out of the income and profits of the said residue of my said estate, to M. Frank Loughman and Edward J. Loughman, each the sum of five thousand dollars ($5,000) as token of my friendship and a mark of my appreciation of their faithful services since they have been in the employment of The Plant Investment Company. In all other respects I ratify and confirm my said last will and testament and the codicil thereto of November 22, 1894.

In witness whereof I have hereunto set my hand and seal at the City of New York this twenty-fifth day of May, 1899, to this second codicil to my said last will and testament.

Henry B. Plant (Seal)


Signed, sealed, published and declared by the above named testator, Henry B. Plant, at the City of New York on the day of the date thereof as and for a cidicil to his last will and testament in the presence of use, who, in his presence, and in the presence of each other and at his request, have hereunto subscribed our names as attesting witnesses and the said testator, at the time of the executing of same, did declare and acknowledge the same to be a codicil to his last will and testament.

Robbins B. Smith
W. H. Hendee
F. de C. Sullivan


I, Henry B. Plant, of the Town and City of New Haven, County of New Haven and State of Connecticut, do hereby make, publish and declare the following codicil to my last will and testament, bearing date January 23rd, 1893.

1. I declare that the codicils to my said last will, executed November 22, 1894 and May 25th, 1899, are in force.

2. I direct my trustees to transfer and assign to my grandson, Henry Bradley Plant, son of Morton Freeman Plant, when he becomes twenty-one years of age, One hundred (100) shares of the capital stock of The Henry Bradley Plant Company, to be his in fie simple. It is my desire that my said grandson, Henry Bradley Plant, shall become, after he is twenty-one years of age, a Director in said Company.

3. If any other sons of my said son, Morton Freeman Plant shall be hereafter born and shall live to the age of twenty-one years, I direct my trustees to transfer to such other son or each of such sons, when they shall, severally, have arrived at the age of twenty-one years of age, one hundred (100) shares of the capital stock of the Henry Bradley Plant Company, to be their severally in fee simple.

4th. I direct my trustees to pay out of the income and profits of The Henry Bradley Plant Company, in each year to some suitable agent selected by them, the sum of $300, to be expended by such agent in the preservation, care and maintenance of the cemetery situated in the center of the Town of Branford, and lying south-easterly of the Public Square in said Branford.

5. I hereby revoke and declare null and void the 13rd, 14th, 15th and 17th clauses of the second item of my said last will and testament and in lieu thereof I make the following provisions: I direct my executors and trustees and their successors to pay out the income and profits of the residue of my estate, to my grandson, Henry Bradley Plant, now living, after he is twenty-one years of age, the sum of $10,000 per annum in equal quarterly payments in advance; and after the decease of his father, Morton Freeman Plant, I direct them to pay to my said grandson the sum of $30,000 per annum in equal quarterly payments in advance.

6. I direct my said trustees to pay out of the net annual income and profits of the residue of my estate, in case my said son, Morton Freeman Plant should depart this life leaving a widow and a child or children lawfully begotten, for the support and maintence of said widow and such child and children, so long as she shall remain the widow of my said son, the sum of $15,000 per annum in quarterly payments in advance, but upon her death or intermarriage with another husband, then to pay out or use according to the discretion of my said trustees, said sum, or such other sum or sums as my said trustees may deem best for the support, education and maintenance of said child or children, or their descendants, during the lifetime of my said grandson, Henry Bradley Plant, shall have attained the age of twenty-one years.

7. In case my said son, Morton Freeman Plant should depart this life leaving a widow and no child or children or representatives of child or children, as aforesaid, said trustees pay out of the income and profits of the residue of my said estate, to said widow during her natural life, unless she shall again marry, the sum of $12,000, per annum in quarterly payments in advance.

8. At the decease of the last survivor of my said son, Morton Freeman Plant, and my said grandson, Henry Bradley Plant, and my said wife, Margaret J. Plant, if my said grandson, Henry Bradley Plant, shall have left surviving him a child or children, then my said trustees shall continue to hold the rest and residue of my estate in trust, until the youngest child of my said grandson Henry Bradley Plant, shall to twenty-one years of age, and when said youngest child of my said grandson shall be twenty-one years of age, then this trust shall cease, and I give, devise and bequeath all the estate which shall then be held in trust under this will, to be equally divided between the child or children of my said grandson, Henry Bradley Plant, and any other child of my said son Morton Freeman Plant, who may hereafter be born.

9. At the decease of the last survivor of my said son, Morton Freeman Plant, and my grandson, Henry Bradley Plant, and my wife, Margaret J. Plant, if my said grandson Henry Bradley Plant, shall have left no issue, and my son, Morton Freeman Plant shall have left other child or children surviving him, then said trust shall continue until the youngest other child of my said son, Morton Freeman Plant, shall have attained the age of twenty-one years, and then said trust shall cease, and said rest and residue of my estate shall be divided equally among my said grandchildren, to be taken by them and their heirs forever in fee simple.

10. If my son, Morton Freeman Plant, should depart this life leaving a child or children lawfully begotten other than my said grandson, Henry Bradley Plant, now living, I direct my said trustees to pay out of the net annual income and profits of the residue of my estate, for the support, education and maintenance of such child or children than my said grandson, Henry Bradley Plant, the sum of $5,000 per annum to such child or each of such children, in quarterly payments in advance, and I direct these payments to be made in addition to the provisions I have made in the sixth paragraph of this codicil.

11. If, under the foregoing provisions of this codicil of my will, there shall be any annunities still held as charges upon my estate under the provisions of this will, at the time the trust estate would otherwise cease, then I direct and authorize my said trustees, before making a distribuation of the rest and residue of my estate in the manner herein before required, to purchase from the principal fund of my estate, in some responsible and reputable life insurance companies, annunities of the amount herein before specified in my will and the codicils thereto, for the benefit of the said annunities severally.

In all other respects I hereby ratify and confirm my said last will and testament and the codicils of November 22nd, 1894 and May 25th, 1899. In witness whereof I have hereunto set my hand and seal at the City of New Haven, this 20th day of June, 1899.

Henry B. Plant (Seal)


Signed, sealed, published and declared by the above named testator, Henry B. Plant, at the City of New Haven, State of Connecticut, on the day of the date thereof, as and for a codicil to his last will and testament, we having in his presence and in the presence of each other, and at his request, hereunto subscribed our names as attesting witnesses.

Edmund Zacher, Branford, Conn.
A. Maude Kelsey, Meridan, Conn.
Jessie S. Alling, New Haven, Conn.


District of New Haven ss. Probate Court, June 29th, 1899, The within and foregoing last will and testament of Henry B. Plant, late of New Haven in said District, deceased, and three codicils thereto, were presented for probate, and all parties interested in the probate thereof having signed and filed in this court a waiver of notice of the hearing thereof, said will and codicils were proved, approved and attowed and ordered to be recorded.

Livingston W. Cleaveland, Judge


Know all men by these presents, that we, Morton F. Plant of New York City, Margaret J. Plant and Lynde Harrison of New Haven in the State of Connecticut, George H. Tilley of Darien, Connecticut, and Robert G. Erwin of Savannah, in the State of Georgia as prinicipals, and Edmund Zacher of Branford, Connecticut as surety, are holden and stand firmly bound and obliged, jointly and severally, unto the State of Connecticut, in the ?enal sum of Ten Thousand Dollars, to be paid to said State: to which payment, well and truly to be made and done, we, the said obligors, do bind ourselves, and each of us, our heirs, executors, and administrators, and each and every one of them, for and in the whole sum aforesaid, firmly by these presents signed with our hands and sealed with our seals, at New Haven, this 29th day of June, 1899.

The condition of this obligation is such that whereas the above bounder Morton F. Plant, Margaret J. Plant, Lynde Harrison, George H. Tilley and Robert G. Erwin have been appointed executors of the last will and testament of Henry B. Plant late of New Haven, in the Probate District of New Haven, deceased, now, therefor, if the said Morton F. Plant, Margaret J. Plant, Lynde Harrison, George H. Tilley, and Robert G. Erwin shall faithfully discharge the duties of said trust according to law, then this bond shall be void; otherwise to remain in full force.

Morton F. Plant (L. S.)
Margaret J. Plant (L. S.)
George H. Tilley (L. S.)
Lynde Harrison (L. S.)
R. G. Erwin (L. S.)
Edmund Zacher (L. S.)


[Source: Florida, Probate Records, 1784-1990 Polk County, Florida; Wills 1883-1912; Vol. 1-2; Image 164-174; Transcribed by Sheila Pitts Massie, Coordinator.]

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