| Appeals to the Privy Council |
Report No. 05_1737_02 |
Pelham v Stone |
Massachusetts |
| Case Name Short |
Pelham v Stone |
| Case Name Long |
Herbert Pelham v Samuel Stone, Isaac Hunt and Thomas Bent |
Acts of the Privy Council, Colonial Series |
| APC Citation | v.3 [414] p.573 – 21 July 1737 – entry 1 |
| PC Register Citation | George II v.5 (1 October 1736 – 4 September 1738) p.271: PC 2/94/271 |
| APC Citation | v.3 [414] p.573 – 18 August 1737 – entry 2 |
| PC Register Citation | George II v.5 (1 October 1736 – 4 September 1738) p.274, 284: PC 2/94/274, 284 |
| APC Citation | v.3 [414] p.573–574 – 17 November 1738 – entry 3 |
| PC Register Citation | George II v.5 (1 October 1736 – 4 September 1738) p.309–310, 342–343: PC 2/94/309–310, 342–343 |
| PC Register Citation | George II v.6 (1 October 1738 – 27 March 1740) p.20, 24–26, 5: PC 2/95/20, 24–26, 5 |
| APC Citation | v.3 [414] p.574 – 30 November 1738 – entry 4 |
| PC Register Citation | George II v.6 (1 October 1738 – 27 March 1740) p.38: PC 2/95/38 |
Colonial Courts |
|
Inferior and Superior Courts of Judicature – 20 May 1735, 29 July 1735, 29 July 1736 |
Participants |
|
Bent, Thomas Fisk, Jonathan (one of the original defendants) Hunt, Isaac Pelham, Edward (son of deceased Herbert Pelham) Pelham, Henry (son of deceased Herbert Pelham) Pelham, Herbert (deceased father of Edward, Henry, Penelope, and Waldegrave Pelham) Pelham, Herbert, esquire, of Bures Hamblett in the County of Essex (relation to deceased Herbert Pelham is uncertain) Pelham, Penelope (daughter of deceased Herbert Pelham) Pelham, Waldegrave (son of deceased Herbert Pelham) Stone, Samuel |
Description |
Land (declaration in ejectment); at issue is the will of Herbert Pelham, deceased about 1673. |
Disposition |
Dismissed. The disposition turns on an issue regarding Doctors Commons, to wit, “that the exemplification of a will from Doctors Commons could not be read in Evidence to affect a Real Estate in the Colony of Massachusetts Bay . . .” according to the APC. |
Notes |
|
Related to another Privy Council appeal: Pelham v Bannister – Report No. 05_1738_00 (APC, v.3 [428] p.590) Both cases ultimately turn on the will of one Herbert Pelham, who died, probably, in 1673. The appellant, who is himself a resident of Essex in England, is almost certainly claiming that the senior Pelham is his ancestor. In both cases the Privy Council refuses to admit into evidence the senior Pelham’s will, which was registered in the Prerogative Court of Canterbury. For the ‘declaration in ejectment’ involved here, see Additional Research. |
References in Smith, Appeals to the Privy Council from the American Plantations |
Table of Cases (Pelham v Stone) |
|
|
DOCUMENTATION |
Printed Cases |
Not found |
Privy Council Documents in PC 1 at The National Archives at Kew |
Not found |