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| Appeals to the Privy Council from the Caribbean and Canadian Colonies |
| Report No. ANT_1725_03 |
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Antigua |
| Case Name Long |
Edward, sen., and Ann Chester, John Gunthorp, Richard Sherwood, and Catharine, Elizabeth, and Mary Paynter, by their guardians, Edward and Ann Chester v William Paynter, Edward Byam, Maj. John Tomlinson, and Francis Carlisle |
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| Case Name Long |
Ann Chester, William Paynter (son of John Paynter), and the executors of John Paynter v John Gunthorp and Catherine Paynter, as executors of William Paynter, the elder, and William Paynter (son of William Paynter, the elder), by his guardians, William Horne and Francis Burton |
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| Case Name Long |
Edward Byam, Francis Carlisle, Maj. John Tomlinson, sen., Ann Chester, and William Paynter (son of John Paynter) v John Gunthorp, Catherine Paynter, and William Paynter (son of William Paynter, sen.) |
Acts of the Privy Council, Colonial Series |
| APC Citation | v.3 [90] p.121–123 (14 Oct. 1725 – 6 May 1741) |
| PC Register Citation | George I v.5 (Sept. 1724 – May 1727) p.118, 120, 205–207, 228: PC 2/89/118, 120, 205–207, 228 |
| PC Register Citation | George II v.2 (1 June 1729 – 16 June 1732) p.463, 486: PC 2/91/463, 486 |
| PC Register Citation | George II v.3 (21 July 1732 – 18 July 1734) p.95, 100–103, 105: PC 2/92/95, 100–103, 105 |
| PC Register Citation | George II v.7 (1 April 1740 – 7 Aug. 1741) p.266–267, 312, 457–462, 464–465: PC 2/96/266–267, 312, 457–462, 464–465 |
Colonial Courts |
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Chancery – 22 Dec. 1724 (Chester v Paynter) |
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Chancery – 2 July 1730 (Chester v Gunthorp) |
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Court of King's Bench and Common Pleas – 5 June 1733 (Byam v Gunthorp) |
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Chancery – 26 July 1734 (Byam v Gunthorp) |
Participants |
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Burton, Francis, respondent (guardian and next friend of William Paynter [2]) |
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Byam, Edward, respondent/appellant |
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Carlisle, Francis, respondent/appellant |
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Chester (formerly Paynter), Ann (Anne), appellant (wife of Edward, widow and executrix of John Paynter, guardian [?mother] of Catharine Paynter [1], Elizabeth Paynter, and Mary Paynter) |
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Chester, Edward, sen., appellant, later deceased (husband of Ann, guardian of Catharine Paynter [1], Elizabeth Paynter, and Mary Paynter) |
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Gunthorp (Gunthrop), John, merchant, appellant/respondent (executor of William Paynter [1]) |
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Horne, William, respondent (guardian and next friend of William Paynter [2]) |
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Paynter, Ann – see Chester, Ann |
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Paynter, Catharine (1), infant, appellant (daughter of John) |
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Paynter, Catherine (2), respondent (widow and executrix of William [1]) |
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Paynter, Elizabeth, infant, appellant (daughter of John) |
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Paynter, John, sen., deceased (husband of Ann [now Ann Chester], father of Elizabeth, Mary, and William [3], devisor of William [3]) |
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Paynter, Mary, infant, appellant (daughter of John) |
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Paynter, William (1), the Elder, deceased (father and devisor of William [2]) |
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Paynter, William (2), the Younger, respondent (son and devisee of William [1]) |
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Paynter, William (3), collector, appellant/respondent (son, heir, and devisee of John) |
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Sherwood, Richard, merchant, appellant |
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Tomlinson, Maj. John, sen., respondent/appellant |
Description |
Not stated in the Acts of the Privy Council, Colonial Series. |
Disposition |
Further proceedings in Chancery ordered in Chester v Paynter. Chancery decree of 2 July 1730 affirmed in part with further proceedings directed; subsequent verdict and order affirmed with the parties ordered to proceed again in the Court of King’s Bench and Common Pleas (facts insufficient for Chancery). |
Notes |
Related to another Privy Council appeal: |
References in Smith, Appeals to the Privy Council from the American Plantations |
Table of Cases (Chester v Painter) |
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DOCUMENTATION |
Printed Cases |
Not found |
Privy Council Documents in PC 1 at The National Archives at Kew |
Not found |
Other Documents |
| Other Documents | This case and the points of law agreed upon on the appeal are reported sub nom. Chester v Painter, 2 P. Wms. 335–8, 24 Eng. Rep. 755–6 (PC 1725). | ||
| Library | Ames Foundation: (2 pages) (Source: English Reports – CommonLIIorg.) |
| Other Documents | Summarized in 2 Eq. Cas. Abr. 313–14 pl. 21, 22 Eng. Rep. 266 (PC ?1721). | ||
| Library | Ames Foundation: (1 page) (Source: HeinOnline [available by subscription]. HeinOnline styles this case as Chester [Bishop of] v Painter, which is quite misleading. Eq. Cas. Abr. styles it simply as Chester and Painter. This entry attributes the case to Hilary 1721, though it cites as its source P. Wms., which has the correct year, but no term.) |
| Other Documents | And in 2 Eq. Cas. Abr. 375 pl. 24, 22 Eng. Rep. 319 (PC 1725). | ||
| Library | Ames Foundation: (1 page) (Source: HeinOnline [available by subscription]. HeinOnline styles this case as Chester [Bishop of] v Painter, which is quite misleading. Eq. Cas. Abr. styles it simply as Chester and Painter. The entry attributes the case to Hilary 1725, citing as its source P. Wms., which has the same year, but no term.) |
| Other Documents | And in 2 Eq. Cas. Abr. 560 pl. 6, 22 Eng. Rep. 472 (PC 1725). | ||
| Library | Ames Foundation: (1 page) (Source: HeinOnline [available by subscription]. HeinOnline styles this case as Chester [Bishop of] v Painter, which is quite misleading. Eq. Cas. Abr. styles it simply as Chester and Painter. The entry attributes the case to Hilary 1725, citing as its source P. Wms., which has the same year, but no term.) |
| Other Documents | It is cited by the reporter in confirmation of the ruling in Laundry v Williams, 2 P. Wms. 478, 480, 24 Eng. Rep. 823, 824 (Ch. 1728). | ||
| Library | Ames Foundation: (2 pages) (Source: HeinOnline [available by subscription].) |