| Appeals to the Privy Council |
Report No. 05_1733_01 |
Waldo v Fairweather (1) Waldo v Fairweather (2) |
Massachusetts |
| Case Name Short |
Waldo v Fairweather (1) Waldo v Fairweather (2) |
| Case Name Long |
Samuel Waldo v Thomas Fairweather (later Hannah Fairweather and John Fairweather (1) Samuel Waldo v Thomas Fairweather (later Hannah Fairweather and John Fairweather) (2) |
Acts of the Privy Council, Colonial Series |
| APC Citation | v.3 [272] p.376–377 – 21 February 1733 – entry 1 |
| PC Register Citation | George II v.3 (21 July 1732 – 18 July 1734) p.114–115: PC 2/92/114–115 |
| APC Citation | v.3 [272] p.377 – 28 February 1733 – entry 2 |
| PC Register Citation | George II v.3 (21 July 1732 – 18 July 1734) p.119: PC 2/92/119 |
| APC Citation | v.3 [272] p.377 – 29 March 1733 – entry 3 |
| PC Register Citation | George II v.3 (21 July 1732 – 18 July 1734) p.134–135: PC 2/92/134–135 |
| APC Citation | v.3 [272] p.377 – 10 May 1733 – entry 4 |
| PC Register Citation | George II v.3 (21 July 1732 – 18 July 1734) p.163–164: PC 2/92/163–164 |
| APC Citation | v.3 [272] p.377 – 21 June 1733 – entry 5 |
| PC Register Citation | George II v.3 (21 July 1732 – 18 July 1734) p.179–180: PC 2/92/179–180 |
| APC Citation | v.3 [272] p.377 – 22 March 1734 – entry 6 |
| PC Register Citation | George II v.3 (21 July 1732 – 18 July 1734) p.389–390: PC 2/92/389–390 |
| APC Citation | v.3 [272] p.377 – 5 November 1734 – entry 7 |
| PC Register Citation | George II v.4 (1 August 1734 – 23 September 1736) p.31: PC 2/93/31 |
| APC Citation | v.3 [272] p.377–378 – 10 December 1734 – entry 8 |
| PC Register Citation | George II v.4 (1 August 1734 – 23 September 1736) p.37–38: PC 2/93/37–38 |
| APC Citation | v.3 [272] p.378–379 – 12 December 1734 – entry 9 |
| PC Register Citation | George II v.4 (1 August 1734 – 23 September 1736) p.39 recte 38–40: PC 2/93/39 recte 38–40 |
| APC Citation | v.3 [272] p.379 – 9 January 1735 – entry 10 |
| PC Register Citation | George II v.4 (1 August 1734 – 23 September 1736) p.58–59: PC 2/93/58–59 |
Colonial Courts |
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Court of Probates – 27 December 1731 (first action) Governor and Council – 13 January 1732 (first action) Inferior Court for the County of Suffolk – 4 July 1732 (second action, brought about 20 June 1732) Superior Court of Judicature – Boston – 8 August 1732 (second action) |
Participants |
|
Channing, Joshua Fairweather (Fayrweather), Hannah (wife, later widow and executor, of Thomas Fairweather, and daughter of Jonathan Waldo) Fairweather (Fayrweather), John (uncle and executor of Thomas Fairweather) Fairweather (Fayrweather), Thomas (husband, later deceased, of Hannah Fairweather, and executor of Jonathan Waldo) Parkin, William Waldo (Waldoe), Jonathan of Boston (deceased father of Samuel Waldo and Hannah Waldo Fairweather) Waldo (Waldoe), Samuel (son and executor of Jonathan Waldo) Willard, Joshua, Judge of the Probate of Wills |
Description |
Samuel Waldo seeks in the first action the books of accounts, notes, etc. of his deceased father and in the second action the deeds for real estate he claims under his father’s will. |
Disposition |
Judgments of 27 December 1731 and 13 December 1732 affirmed according to the APC (likely that the latter is really 13 January). Judgments of 4 July and 8 August 1732 reversed and appellant allowed to bring a new action. |
Notes |
|
Related to other Privy Council appeals: Waldo v Waldo – Report No.05_1734_01 (APC, v.3 [295] p.405) Waldo v Waldoe – Report No. 05_1734_04 (APC, v.3 [321] p.430–431) Waldo v Fairweather, Waldo v Waldo, and Waldo v Tyng – Report No. 05_1734_06 (APC, v.3 [325] p.450) For clarity in dealing with multiple Waldo (Waldoe) cases, listed here are the immediate family members, without regard to whether they appear in this report: Jonathan Waldo is the deceased father of the Waldo siblings: Samuel (eldest son), Jonathan, Hannah, and Ann (Anne, Anna). Hannah is the wife of Thomas Fairweather (Fayrweather), who dies during the proceedings. Ann is the wife of Edward Tyng (Ting). Samuel and Jonathan Waldo, Ann Tyng, and Thomas Fairweather are the executors for Jonathan Waldo. Upon Thomas Fairweather’s death, Hannah, his widow, and his uncle, John Fairweather, become his executors. Upon the death of Thomas Fairweather, the two appeals are revived against the executors, Hannah and John Fairweather, according to the APC. |
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DOCUMENTATION |
Printed Cases |
| Appellant’s case |
Case of the appellant (Waldo) |
| Note | Not found |
| Respondent’s case |
Case of the respondent (Fayreweather) |
| Counsel | [Signed] J. Willes |
| Library | American Antiquarian Society: British Broadsides (Manuscript scribblings [dates, ?sums, pen trials, a couple of words] on dorse) |
Privy Council Documents in PC 1 at The National Archives at Kew |
Not found |