| Appeals to the Privy Council |
Report No. 06_1759_01 |
Sherburne v Sherburne |
New Hampshire |
| Case Name Short |
Sherburne v Sherburne |
| Case Name Long |
John Sherburne v Samuel Sherburne, Peter and Dorothy Gillman, Joseph and Anne Langdon |
Acts of the Privy Council, Colonial Series |
| APC Citation | v.4 [382] p.411 – 15 March 1759 – entry 1 |
| PC Register Citation | George II v.17 (1 January 1758 – 21 May 1759) p.442: PC 2/106/442 |
| APC Citation | v.4 [382] p.411 – 2 January 1762 – entry 2 |
| PC Register Citation | George III v.2 (1 January 1762 – 30 April 1763) p.16: PC 2/109/16 |
| APC Citation | v.4 [382] p.411–412 – 5 April 1762 – entry 3 |
| PC Register Citation | George III v.2 (1 January 1762 – 30 April 1763) p.127–130, 168: PC 2/109/127–130, 168 |
Colonial Courts |
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Court of Probates – 29 April 1758 Supreme Court of Probate of Wills – 29 June 1758 |
Participants |
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Brown, Arthur Gillman, Dorothy Sherburne (sister of John Sherburne, Samuel Sherburne, Anne Langdon, and Henry Sherburne; daughter of the elder Henry Sherburne; and wife of Peter Gillman) Gillman, Peter (husband of Dorothy Sherburne Gillman) Haven, Rev. Samuel Langdon, Anne Sherburne (sister of John Sherburne, Samuel Sherburne, Dorothy Gillman and Henry Sherburne; daughter of the elder Henry Sherburne; and wife of Jospeh Langdon) Langdon, Joseph (husband of Anne Sherburne Langdon) Langdon, Rev. Samuel Paris, F.J. Parker, William Sherburne, Henry (deceased father of John Sherburne, Samuel Sherburne, Dorothy Gillman, and Anne Langdon, and of Henry Sherburne, deceased) Sherburne, Henry (deceased brother of John Sherburne, Samuel Sherburne, Dorothy Gillman, and Anne Langdon, and deceased son of the elder Henry Sherburne) Sherburne, Henry (son of the younger Henry Sherburne and grandson of the elder Henry Sherburne) Sherburne, John (son of the elder Henry Sherburne) Sherburne, John (son of John Sherburne and grandson of the elder Henry Sherburne) Sherburne, Samuel (brother of John Sherburne, Dorothy Gillman, Anne Langdon, and Henry Sherburne, and son of the elder Henry Sherburne) Wibird, Richard |
Description |
Dispute over the will of the elder Henry Sherburne |
Disposition |
Reversed in part; affirmed in part, as the Court of Probates “has no jurisdiction so far as the will relates to real estates,” according to the APC |
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DOCUMENTATION |
Printed Cases |
| Appellant’s case |
Case of the appellant (Sherburne) |
ESTC: T91656 |
| Counsel | [Signed] G. Hay; Wm. DeGrey; Paule Feilde |
| Library | British Library: Additional Manuscripts 15489 f.22–23 (Preceded by Additional Manuscripts 15489 f.19–21 which is a manuscript copy of An Act for the Settlement and Distribution of the Estate of Intestates, enacted 13 May 1718. See Andrews, Guide to Manuscript Materials, p.96.) (Noted in ESTC? Yes.) |
| Library | British Library: (Hardwicke Papers) Additional Manuscripts 36218 f.147–148 (Includes manuscript notes) (Noted in ESTC? No.) |
| Respondent’s case |
Case of the respondent (Sherburne) |
ESTC: N66141 |
| Counsel | [Signed] C. Yorke; Al. Forrester |
| Library | British Library: (Hardwicke Papers) Additional Manuscripts 36218 f.149–150 (Includes manuscript notes) (Noted in ESTC? No.) |
| Library | New York Public Library: (?) (The ESTC [N66141] lists a copy of the respondent’s case 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 | The New Hampshire Historical Society holds a bound volume of Sherburne family papers that includes the will of Henry Sherburne, Sr., with affidavits, and certified copies documenting the controversy over the estate. |
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| Other Documents | The New Hampshire “Act for the Settlement and Distribution of the Estate of Intestates” of 13 May 1718 that was at issue in this case is printed in New Hampshire, Laws 1718, p. 102–104. It is reproduced here (pdf) from the Early American Imprints, series 1, Evans no. 1985. (The reproduction is not great, and the original, which we have not seen, may not be either. But with a struggle, it can be read.) |