Court of Probates – county of New London – 21 February 1717/1718 – letters of administration of estate granted to Winthrop

Superior Court – judgments for Winthrop on multiple actions of Lechmere brought in July 1724

General Assembly – 1725 – Lechmere’s petition for relief and a new trial

Assembly – 1725 – order for a complete inventory of Wait Winthrop’s estate in Court of Probates

Court of Probates – 29 June 1725 – refusal to accept Winthrop’s inventory without real estate, from which judgment Winthrop appeals

Court of Probates – Lechmere brings suit to have administration of estate granted to him which, being stayed, leads Lechmere to appeal to Superior Court

Superior Court – 28 September 1725 – affirmance of action of Court of Probates and order for both real and personal property to be inventoried, from which Winthrop appeals for review to Superior Court

Superior Court – 22 March 1725/6 – affirmance of their judgment of 28 September 1725 and on Lechmere’s review grant of power of administration to Lechmere

Special Superior County Court – 29 April 1726 – approves Lechmere’s inventory of the estate

Assembly – 12 May 1726 – receipt of Lechmere’s petitions for right to sell land to pay debt of deceased

Governor – receipt of protest from Winthrop

Assembly – May 1726 – passage of an act empowering Lechmere to sell the land to pay the remaining debt and finding Winthrop in contempt

Superior Court – September 1726 – issuance of an order pursuant to the passing of the May Act of Assembly allowing the sale of land

Land dispute between a brother and sister following the death of their father intestate. As Smith describes, at issue was the validity of the 1699 Connecticut Act for the Settlement of Intestate Estates, which, contrary to English practice, divided real and personal property in equal shares among the intestate’s children with the eldest son receiving a double share.

Colonial “Act for the Settlement of Intestate Estates declared null and void as contrary to the laws of England in regard it makes Lands of Inheritance distributable as personal Estates . . . . ”

Sentences of 29 June 1725, 28 September 1725, and 22 March 1725/6 reversed. Court of Probates directed not to reject an inventory without real property. Letters of administration for Lechmere vacated and order of 29 April 1726 approving his inventory to be discharged and the original letters of administration granted to Winthrop to be ordered to stand. Lechmere suit dismissed and all acts under these proceedings to be declared null and void, including court order of 27 September 1726. Winthrop to be put in possession of any lands lost, with rents and profits foregone and costs paid by petitioner repaid.

References in Smith, Appeals to the Privy Council from the American Plantations

Table of Cases (Winthrop v Lechmere) (extensive discussion)