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| Appeals to the Privy Council from the Caribbean and Canadian Colonies |
| Report No. JAM_1768_02 |
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Jamaica |
| Case Name Long |
John Millward, James Lewis, and Thomas Penoyre v John and Grace Lindsay |
Acts of the Privy Council, Colonial Series |
| APC Citation | v.5 [73] p.151 (29 June 1768 – 14 April 1769) |
| PC Register Citation | George III v.6 (Jan. 1768 – April 1769) p.225–226, 244, 501–502, 538: PC 2/113/225–226, 244, 501–502, 538 |
Colonial Courts |
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Chancery – 6 July 1767 |
Participants |
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Gardner, Grace – see Lindsay, Grace |
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Gardner, John, deceased |
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Gardner, Thomas, the younger, deceased (husband of Grace [now Grace Lindsay]) |
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Lewis, James, appellant (executor and trustee of John Gardner) |
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Lindsay (formerly Gardner), Grace, respondent (wife of John, widow of Thomas Gardner) |
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Lindsay, [Rev. Dr.] John, respondent (husband of Grace) |
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Millward, John, appellant (executor and trustee of John Gardner) |
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Penoyre, Thomas, appellant (executor and trustee of John Gardner) |
Description |
Concerning an annuity in lieu of dower. |
Disposition |
Decree affirmed. |
Notes |
Related to another Privy Council appeal: The information about Thomas Gardner in the Participants list comes from the committee report and JAM_1779_01. |
References in Smith, Appeals to the Privy Council from the American Plantations |
Table of Cases (Millward v Lindsay) |
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DOCUMENTATION |
Printed Cases |
| Respondent’s case | Case of the respondent (John Millward, Thomas Penoyre, and James Lewis v John and Grace Lindsay |
| Counsel | Wm. De Grey; Al. Wedderburn |
| Library | British Library: (Hardwicke Papers) Additional Manuscripts 36220 f.213r–217v (Printed date on dorse 176_ with manuscript note. Extensive additional manuscript notes and minor underlining.) |
| Library | Columbia University. Diamond Law Library: (William Samuel Johnson Collection) Treasure – Johnson 1770m and Microfilm – AA70 (Printed date on dorse 176_. No manuscript notes.) |
Privy Council Documents in PC 1 at The National Archives at Kew |
| TNA Document | Appeal – 29 June 1768 (PC 1/59/6/1) | view_Document |
| Catalogued as | Jamaica, West Indies: Appeal of Millward v Lindsay |
| Notes about Document |
Catalogued by The National Archives at Kew. |
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| TNA Document | Committee report – 15 March 1769 (PC 1/59/6/2) | view_Document |
| Catalogued as | Jamaica, West Indies: Report of Appeals Committee on appeal of Millward v Lindsay |
| Notes about Document |
Catalogued by The National Archives at Kew. |
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ADDITIONAL RESEARCH |
The APC incorrectly states that Grace’s dower, which it correctly describes as an annuity in lieu of dower, would have come from the estate of John Gardner. According to the committee report, however, it would have come from the estate of Thomas Gardner, Grace’s late husband. As the report phrases it, the case concerned: “an Agreement entered into, between the said John Gardner deceased, and the said Grace, for Payment of a certain Annuity to her in lieu of Dower, out of the Estate of Thomas Gardner deceased.” The relationship between John and Thomas is not stated. John was probably Thomas’s executor, perhaps his brother as well. See Additional Research on ANT_1726_03. |
CD and DC |