PHILIPS V. SAVAGE 
mere, Fane advised repeal of the 1699 act and wife or children, in the lifetime of the mother, 
the passage of a new act according to English every brother and sister or their representatives 
law or such other methods as would benefit the should have an equal share with her in the 
province (Fane, Reports on the Laws of Con- estate of the intestate. This provision was prenecticut 
[Acorn Club Pub., ed. by C. M. sumably adopted from St. 1 James 11, c. 17, s. 7. 
Andrews, 1915], 96-97). 
200 2 Talcott Papers, 71, 73, 83 
210 Ibid., 89. 
211 5 Mass. Hist. Soc. Proc, 67, 69. Copies of Papers, sold at Sotheby's on March 8, 1939. 
the conciliar "cases" of the parties are also in This lot is in the possession of a private colthe 
Harvard Law Library. lector who courteously permitted a microfilm 
212 5 Mass. Hist. Soc. Proc, 67, 69, 73-74; copy of the above notes of Lee to be taken 
17 MS Mass. Archives (Estates, etc., 1697- and deposited in Columbia University Library. 
1742), 517. The 1692 statute (1 Acts and Res. These notes will be hereinafter referred to as 
Prov. Mass. Bay, 43) provided for "the division the Lee MS. In this manuscript it is noted as 
of the houses and lands to be made by five suf- follows: "Mr. Brown, ex eadem petitioner— 
ficient freeholders, upon oath, or any three of The present question arises on Statute 9 Anne 
them, to be appointed and sworn by the judge which is enacted according to Statute James 2." 
for that end." The 1710 act (ibid., 652) pro- 213 5 Mass. Hist. Soc. Proc, 68, 74. 
vided that if after the death of a father, any 21i Ibid., 75. 
of his children should die intestate, without