There was no disagreement about the personalty, but the son's claim to the
land was disputed, though suit was not brought against him till 1723.
The litigation began in Boston, but was soon transferred to New London,
where, in July, 1724, Lechmere petitioned for an account. Winthrop
forthwith exhibited an inventory of the chattels, and moved that it should
be accepted as final; but the judge of probate declined so to rule. Then
Lechmere prayed for leave to sue on the bond in the name of the judge. His
prayer was granted, and he presently began no less than six actions in
different forms.
Much time was consumed in disposing of technicalities, but at length two
test cases were brought before the superior court. One, being in substance
an action on the bond, was tried on the general issue, and the verdict was
for the defendant. The other was a writ of partition, wherein Anne was
described as co-heir with her brother. It was argued on demurrer to the
declaration, and the defendant again prevailed.
Thus, so far as judicial decision could determine private rights to
property, Winthrop had established his title; but he represented the
unpopular side in the controversy, and his troubles were just beginning.
Christopher Christophers was the judge of probate, he was also a justice
of the superior court, and a member of the Assembly, of which body the
plaintiff's counsel was speaker.
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