Appeals to the Privy Council |
Report No. 04_1738_01 |
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Maryland |
Case Name Short |
Jennings v Cuming |
Case Name Long |
Edmund Jennings and John Gallaway v William Cuming Executor of Thomas Facer and Achsah Woodward Administrator de bonis non of Amos Garret |
Acts of the Privy Council, Colonial Series |
APC Citation | v.3 [455] p.619–620 – 30 November 1738 – entry 1 |
PC Register Citation | George II v.6 (1 October 1738 – 27 March 1740) p.46: PC 2/95/46 |
APC Citation | v.3 [455] p.620 – 6 September 1739 – entry 2 |
PC Register Citation | George II v.6 (1 October 1738 – 27 March 1740) p.301–302, 340–341: PC 2/95/301–302, 340–341 |
Colonial Courts |
Commissary General and Judge for the Probate of Wills – 30 August 1737 Court of Delegates – 25 October 1737 |
Participants |
Cuming, William, esquire (executor of Thomas Facer) Facer, Thomas, presumed deceased Gallaway, John (attorney for William Woodward and Mary Holmes) Garret, Amos, merchant, of Annapolis (deceased brother of Mary Woodward and Elizabeth Gwin) Gwin, Elizabeth (deceased sister of Mary Woodward and Amos Garret) Holmes, Mary (executor of Mary Woodward) Jennings, Edmund, esquire (attorney for William Woodward and Mary Holmes) Rudd, Sayer (executor of Elizabeth Gwin) Seely, Edmund, gentleman (executor of Elizabeth Gwin) Woodward, Achsah (administrator de bonis non of Amos Garret) Woodward, Mary (deceased sister of Amos Garret and Elizabeth Gwin) Woodward, William (executor of Mary Woodward) |
Description |
Validity of will of Amos Garret |
Disposition |
Dismissed for non-prosecution |
Notes |
Elizabeth Gwin was the sister of Amos Garret and Mary Woodward. (Skinner, Maryland Testamentary Abstracts 1736–1739, p.67) That relationship is noted in Participants. Her surname is spelled ‘Gwin’ in the APC and ‘Ginn’ in the Abstracts. The APC is ambiguous as to whom Jennings and Gallaway were attorneys for. The Abstracts suggest that they were attorneys-in-fact for Woodward and Holmes as executors, Woodward and Holmes in their own names, and Rudd and Seely as executors, i.e., that they collectively represented all three pairs of parties against Cuming. The APC refers to ‘attorney’; however, the Abstracts refer to ‘attorney-in-fact’. |
References in Smith, Appeals to the Privy Council from the American Plantations |
Table of Cases (Jennings v Cumming) |
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DOCUMENTATION |
Printed Cases |
Not found |
Privy Council Documents in PC 1 at The National Archives at Kew |
Not found |