In April, 1725, when Lechmere had finally
exhausted his legal remedies, he addressed a petition to the legislature,
where he had this strong support, and which was not to meet till May,
stating the impossibility of obtaining relief by ordinary means, and
asking to have one of the judgments set aside and a new trial ordered, in
such form as to enable him to maintain his writ of partition,
notwithstanding the solemn decision against him by the court of last
resort. The defendant in vain protested that no error was alleged, no new
evidence produced, nor any matter of equity advanced which might justify
interference: the Assembly had determined to sustain the statute of
distributions, and it accordingly resolved that in cases of this
description relief ought to be given in probate by means of a new grant of
administration, to be executed according to the terms of the act.
Winthrop was much alarmed, and with reason, for he saw at once the
intention of the legislature was to induce the judges to assume an
unprecedented jurisdiction; he therefore again offered his account, which
Christophers rejected, and he appealed from the decision. Lechmere also
applied for administration on behalf of his wife; and upon his prayer
being denied, pending a final disposition of Winthrop's cause, he too went
up. In March, 1725-6, final judgment was rendered, the judges holding that
both real and personal property should be inventoried.
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