ENPages That Need Review
Henry Phillips Papers, 1728-1738. Folders 1-14. Harvard Law School Library.
(seq. 27)
{Sir} this is the Coppy of {Mister} Auchmuty {letter} to {Mister} Sharp
{Sir}
Att the request of Gillam Phillips {Esquire} I give you this trouble with no farther view of information in respect to the merrits of his case being sensable of your superior abilety save only to point out some of our provincial Laws which perhaps may not fall under your [inspection?]. The distribution made by the Judge of probates here of his {Brptjer} Henry Phillips real estate is pursuant to a Province Law made in the 4 of W & M. And the mother of the intestate being admitted to share in the distribution is by virtue of an other Province Law made in the 9 of Q A. Mr. Phillips as Heir at Law to his brother appealed to the Governor & Council from this distribution by [face?] of the first mentioned Act and pursued his appeal duly according to an act made the 6th K. G. the {Governor} & Council confirmning the distribution and denying an appeal to his Majesty in Council the application therefore is by way of Petition and under your conduct he assures himself of success. I am with great respect, {Sir}, your most {obedient} and most {humble} {servant},
{Robert} Auchmuty
To {John} Sharp Esq.
(seq. 29)
Boston 28 {December } 1733
Sir.
I hope long ere this you have {received} (some if not all) the money from {Governor} Philipps think it very hard and unreasonable that we should be kept out of our money so long however for fear you should not have bin looking out for a bill of {exchange} which I at last have gotten the promis of expect to have it to send by the next which is Capt. Cary. Inclosed you have the case I wrote to you formerly about relateing to my brothers estate. It's an appeal from the judge of probate to the {Governor} & Council where it went agaainst me. I petitioned for an appeal to the King in Council which was denied it being a real estate. I would therefore againe begg the {favor} of you to wate on Mr Sharp to state the case so that I may have the Attorney & Solicitor Generals opinion, if they give it in my favour would have him immediately petition for an appeal which if granted would have him send forward to me via first opportunity what's requisite to be done with duplicate of [ ? ] papers for fear of miscarridge we haveing here theres likelihood of a war. If the Attorney &c dont give it in my {favour} am determined to lett it drop. If you should have no money of ours in your hand would pray you to advance what's necessary will pay you againe {with} interest to your satisfaction. Would not have the case on aney means retarded. Inclosed also you have a {letter} from Mr Auchmuty to Mr Sharp I see in one of our Province law books printed in London by [ ? ] Baskett in the year 1724. that the law relateing to intestate estates has not bin confirmed. I mean that additional part of it relateing to brothers which you will see in page 262 [libro?] 184. {Sir} hope ere long I shall have a little money to send to you as formerly I being now almost out of the law which my relations have imbarrased me in ever since my brothers death but at last have done haveing spit almost all their vennum. My mother gives her service & desires you would let her know how all affaires are betweene us relateing to Harry's with all others I begg leive to subscribe my self {Sir} your most {obedient} {servant},
Gillam Phillip[s]
To Mr Silas Hooper [merchant} for London
(seq. 42)
Boston
Sir. youres of the seventh of {February} via Hornans I {received} & note Mr Sharps declineing acting for me however hope you will insist upon his being neutor in the affaire. If you had sent his {letter} had bin better able to have given an answer to it but would have it go on & that with the utmost vigour and not have given them such a opportunity to make there defence or rather the country for them, however it's to late now to say any thing of that. Am surprized that you did not immediately on his declineing apply to an other. Theres one in Parris thats recommended to me would have him imployed if not ingaged on the other side as for haveing matters compremized here 'twill be never done I haveing all along offered to leive all differences betweene us to indifferent men which they all along declined. If you should want money would pray you to advance & I'll pay you againe with interest to your satisfaction. Tis immaterial with me wheither they or the country oppose me I knowing that dont alter the case. Your compliance herein is infinitely obblidge {Sir} your most humble {servant}
Gillam Phillips
PS. as to my comeing over have the same reasons to stop me as I had the last fall saveing a winter of voiage. I heare your father is dead &c.
To Mr Silas Hooper
(seq. 43)
obligations to you I remain {Dear} Sir
Your most {obedient and humble servant}
Gillam Phillips
My lawyer is not yett come from York am in expectation of him every minnitt tharfore have nothing further to add. I would desire the affaire {with} [Governor} Phillips may be settled {with} him in the best manner you are able. {Yours etc.} {Gillam} Phillips
Ye things you sent via Sheppard [Long ? ] are arrived & in good order. Boston 26 May 1736
[On outside fold:] Boston the 10th April 1736 from {Gillam} Phillips. Answerd the 18th July 1736
(seq. 44)
Boston 10 April 1736
{Sir}.
Yours via Homans & Shepardson I {received} & note their contents. The things from on board the latter are not yett on shore. And as for the law suite there's no probability of making it up betwene us I haveing severall times offered them to leive all our differences to indifferent men which they as often have refused.
Am very much surprized that you would consent to the putting if of to a longer time when you know the state of the family. My mother an aged woan & being in an ill state of health my two sisters each one of our [ ? ] would occasion it all to be done over againe. As for the expence can informe you nothing about it you being a much better judge than it's probable for me to be. I have advised {with} Mr Faneuil about my comeing for England who saies it's only on a point of law & my presence there will not signifie aney thing. Cant help being of his mind. Hope you have imployed both the attorney & Solicitor General for me. If you have not pray do. I should have sent Mr Sharpe an answer to his letter if could come at the sight of it I gave it to my lawyer thinking him to be much the capablest person to answer it who is gone to New York upon the affaire of the {Governor's} lady. I was this day at his house but it could not be found. I am heartily sorry he is ingaged on the other side but hope he will decline acting either way. Pray give my humble service to him. Should be gladd to know your mind concerning {George} Philipps whether you will arrest him or not. If you dont care acting in it will employ some body else therefore have sent a blanck {power} attorney you being in the spot & therefore the fittest person to know who is propper. Am sure it's high time it should be setled. Your compliance herein will farther lay me under obligations
