73. An Appeal Case in the Privy Council (1727/8)
This is the final judgment in one of the few cases actually brought to a decision on appeal to the English government. The practice prepared the way for appeals to our present Supreme Court. — Bibliography : P. L. Ford, List of some Briefs in Appeal Cases.
AT the Court at St. James's, the 15th day of February, 1727.
[L.S.] Present:
The King's Most Excellt Majesty.
| Lord President, | Earl of Scarborough, | |
| Lord Privy Scale, | Earl of Loudoun, | |
| Lord Steward, | Earl of Uxbridge, | |
| Lord Chamberlain, | Earl of Sussex, | |
| Duke of Ancaster, | Viscot Cobham, | |
| Duke of Newcastle, | Viscot Torrington, | |
| Earl of Lincoln, | Lord Berkeley of Stratton, | |
| Earl of Westmoreland, | Lieut. General Wills, | |
| Earl of Berkeley, | Sr. Robert Sutton. |
Upon reading this day at the Board a Report from the Rt. Honble the Lords of the Committee for hearing Appeals from the Plantations, dated the 20th day of December last . . .
His Majesty, taking the same into his royal consideration, is pleased, with the advice of his Privy Council, to approve of the said report, and confirm the same in every particular part thereof; and pursuant thereunto, to declare, that the aforementioned act, entituled An Act for the settlement of intestate estates, is Null and Void ; and the same is hereby accordingly declared to be null and void, and of no force or effect whatever. And his Majesty is hereby further pleased to order, that all the aforementioned sentences of the 29th June, 1725, of the 28th of Septr, 1725, and of the 22d March, 17256, and every of them, be and they are hereby reversed and set aside ; and that the petitioner, John Winthrop, be, and he is hereby, admitted to exhibit an inventory of the personal estate only of the said intestate, and that the court of probates do not presume to reject such inventory because it does not contain the real estate of the said intestate. And his Majesty doth hereby further order, that the aforementioned sentence of the 22d of March,17256, vacating
