CLARK V. TOUSEY 
Even before this advice was tendered the colony, an appeal to the King in 
Council had been granted in a cause involving the voided act — Clar\ v. 
Tousey. 27i In this case the Court of Probates, on February 28, 1727/8, before 
any news of the conciliar outcome of Winthrop v. Lechmere had reached the 
colony, ordered the personalty and realty of intestate Captain Samuel Clark 
distributed according to the provisions of the 1699 act for the settlement of 
intestate estates. 275 A writ of error to the Superior Court was taken by the 
eldest son, also named Samuel, in February, 1729/30, alleging that the said 
268 Ibid., 83-84. Among the "greater scope of 2T3 Paris thought that the absence of a clause 
matter" were: («) the usage in the colony; {b) in the Connecticut charter providing for regeneral 
inconvenience of abolishing such usage; view of the colony's acts was disadvantageous. 
(c) similar laws in other American provinces. If such review had been reserved, a time limit 
2e9 lbid., 74-75. for the exercise of the power would have been 
270 Ibid., 76. Paris thought that the clause in imposed, "and in that case, the crown could 
the charter, "according to the course of other not have done, as they did in Winthrop's case, 
corporations within this our Kingdom of Eng- declared an old act of Conecticut void" {ibid., 
land," did not relate back to the specific power 75-76). Compare the correct view of Winto 
make laws which "is incerted a great deal throp, supra, p. 557. 
before those words in the Charter." Cf. supra, 27i The petition for leave to appeal was prep. 
568. sented to the Council Board on November 29, 
271 2 Talcott Papers, 85-86. Supplementary 1737. On May 4, 1738, the Committee rethereto 
was the support found in the laws of ported, advising allowance of the appeal; the 
nature, Biblical law, and the laws of antiquity. allowing Order in Council issued on May 25 
272 Ibid., 78, 81. Solicitor General Strange and (9 Pub. Rec. Col. Conn., 587-88; PC 2/94/310, 
William Murray were recommended as coun- 343, 521, 544). 
sel {ibid., 84). 275 2 Talcott Papers, 87-88.