| Appeals to the Privy Council |
| Report No. 05_1734_05 |
|
Massachusetts |
| Case Name Short |
Philips v Savage |
| Case Name Long |
Gillam Philips v Hannah Savage, Faith Savage, Hannah Philips, and representatives for Mary Butler |
Acts of the Privy Council, Colonial Series |
| APC Citation | v.3 [322] p.432 – 7 November 1734 – entry 1 |
| PC Register Citation | George II v.4 (1 August 1734 – 23 September 1736) p.36: PC 2/93/36 |
| APC Citation | v.3 [322] p.432 – 20 April 1737 – entry 2 |
| PC Register Citation | George II v.4 (1 August 1734 – 23 September 1736) p.95, 100–101, 166–167, 186: PC 2/93/95, 100–101, 166–167, 186 |
| PC Register Citation | George II v.5 (1 October 1736 – 4 September 1738) p.203: PC 2/94/203 |
| APC Citation | v.3 [322] p.432–433 – 21 July 1737 – entry 3 |
| PC Register Citation | George II v.5 (1 October 1736 – 4 September 1738) p.267: PC 2/94/267 |
| APC Citation | v.3 [322] p.433 – 23 December 1737 – entry 4 |
| PC Register Citation | George II v.5 (1 October 1736 – 4 September 1738) p.353–354, 374: PC 2/94/353–354, 374 |
| APC Citation | v.3 [322] p.433–436 – 16 January 1738 – entry 5 |
| PC Register Citation | George II v.5 (1 October 1736 – 4 September 1738) p.375–378: PC 2/94/375–378 |
| APC Citation | v.3 [322] p.436 – 15 February 1738 – entry 6 |
| PC Register Citation | George II v.5 (1 October 1736 – 4 September 1738) p.424: PC 2/94/424 |
Colonial Courts |
|
Probate of Wills – 6 April and 15 May 1733 (distribution on 10 October 1733) Governor and Council – 2 November 1733 (Order of Governor and Council – 6 November 1733) |
Participants |
|
Boydell, John, Register of the Court of Probate of Wills Butler, Mary (deceased sister of Gillam Philips, Henry Philips, Faith Savage, and Hannah Savage, and daughter of Hannah Philips) Philips (Phillips), Gillam of Boston (brother of Henry Philips, Hannah Savage, Faith Savage, and Mary Butler; son of Hannah Philips; and administrator of Henry Philips) Philips (Phillips), Hannah (mother of Gillam Philips, Henry Philips, Hannah Savage, Faith Savage, and Mary Butler) Philips (Phillips), Henry, gentleman, of Boston (deceased brother of Gillam Philips, Hannah Savage, Faith Savage, and Mary Butler, and son of Hannah Philips) Savage, Arthur (husband of Faith Savage) Savage, Faith (sister of Gillam Philips, Henry Philips, Hannah Savage, and Mary Butler; daughter of Hannah Philips; and wife of Arthur Savage) Savage, Habijah, esquire (husband of Hannah Savage) Savage, Hannah (sister of Gillam Philips, Henry Philips, Faith Savage, and Mary Butler; daughter of Hannah Philips; and wife of Habijah Savage) Wilks, Samuel, agent for Massachusetts Bay Willard, Josiah, esquire, Judge of the Court of Probate of Wills |
Description |
Intestate distribution |
Disposition |
Affirmed |
Notes |
|
Agent Samuel Wilks in Participants may in fact be Francis Wilks. This appeal is often discussed with Winthrop v Lechmere and Clark v Towsey as to their treatment of the division of an intestate’s property in the colonies and the degree to which colonial legislation was subject to review. The printed cases of both the appellant and the respondent have been transcribed and published by the Massachusetts Historical Society as “Phillips vs. Savage” with a commentary under the same title by Ames and Willard. They are also available in Gale’s Making of Modern Law: Trials, under the title Philips v Philips. |
References in Smith, Appeals to the Privy Council from the American Plantations |
Table of Cases (Philips v Savage) (extensive discussion) |
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DOCUMENTATION |
Printed Cases |
| Appellant’s case | Case of the appellant (Philips) |
ESTC: N16903 |
| Counsel | [Signed] D. Ryder; John Brown |
| Note | Printed case for the appellant names the case Philips v Philips |
| Library | American Antiquarian Society: British Broadsides |
| Library | Harvard University. Harvard Law School Library: Special Collections. Rare Trials P Folio (Manuscript notes limited to date and ‘judgment affirmed’ on the dorse) |
| Library | Law Library of Congress: Rare Books – Law Library Reading Room – K379.P485 P485 1737 LL Trials (Respondent’s case is at the same call number.) |
| Library | Massachusetts Historical Society: Bdses 1737 (Includes manuscript notes) |
| Library | New York Public Library: (?) (The ESTC lists copies of the appellant [N16903] and respondent [N17105] cases at the New York Public Library, but a vigorous search by a librarian failed to find evidence of NYPL ownership.) (Noted in ESTC? Yes.) |
| Respondent’s case | Case of the respondents (Savage) |
ESTC: N17105 |
| Counsel | [Signed] J. Strange; Jonath’ Belcher |
| Note | Printed case is the case of Faith Savage, one of the respondents. |
| Library | American Antiquarian Society: British Broadsides (Noted in ESTC? No.) |
| Library | Harvard University. Harvard Law School Library: Special Collections. Rare Trials P Folio (Includes manuscript notes) (Noted in ESTC? No.) |
| Library | Law Library of Congress: Rare Books – Law Library Reading Room – K379.P485 P485 1737 LL Trials (Appellant’s case is at the same call number.) (Noted in ESTC? No.) |
| Library | Massachusetts Historical Society: Bdses 1738 Jan. 13 (Includes manuscript notes) |
| Library | New York Public Library: (?) (The ESTC lists copies of the appellant [N16903] and respondent [N17105] cases at the New York Public Library, but a vigorous search by a librarian failed to find evidence of NYPL ownership.) (Noted in ESTC? Yes.) |
Privy Council Documents in PC 1 at The National Archives at Kew |
Not found |
Other Documents |
| Other Documents | Note papers relating to the dispute in the Henry Philips Papers, 1728–1738, (with Finding Aid) in the Harvard Law School Library. |
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