Page:American History Told by Contemporaries, v2.djvu/229

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No. 73]
An Appeal Case
201

the said letters of administration granted to the petitioner, and granting administration to the said Thomas and Ann Lechmere, be also reversed and set aside ; and that the said letters of administration, so granted to Thomas Lechmere and Anne his wife, be called in and vacated ; and that the said inventory of the said real estate, exhibited by the said Thomas Lechmere and Ann his wife, be vacated ; and that the said order of the 29th of April, 1726, approving of the said inventory and ordering the same to be recorded, be discharged and set aside ; and that the original letters of administration granted to the petitioner be, and they are hereby, established and ordered to stand ; and that all such costs as the petitioner hath paid unto the said Thomas Lechmere by directions of the said sentences, all, every, or any of them, be forthwith repaid to him by the said Thomas Lechmere ; and that the suit brought by the said Thomas Lechmere and Anne his wife, on which the said sentences were made, be and they are hereby dismissed ; and that all acts and proceedings done and had under the said sentences, all, every, or any of them, or by virtue or pretence thereof, be and they are hereby discharged and set aside, and declared null and void. And his Majesty is further pleased to declare, that the aforementioned act of Assembly, passed in May, 1726, empowering the said Thomas Lechmere to sell the said lands, is null and void ; and also that the said order made by the said superior court, bearing date the 27th of Septr , 1726, pursuant to the said act of Assembly, allowing the said Lechmere to sell of the said real estate to the value of ninety pounds current money there for his charges, and three hundred and eighteen pounds silver money, is likewise null and void ; and the said act of Assembly and order of the said superior court are accordingly hereby declared null and void, and of no force or effect whatever.

And his Majesty doth hereby likewise further order, that the petitioner be immediately restored and put into the full, peaceable and quiet possession of all such parts of the said real estate as may have been taken from him, under pretence of, or by virtue or colour of the said sentence, orders, acts and proceedings, or any of them ; and that the said Thomas Lechmere do account for and pay to the said petitioner the rents and profits thereof, and of every part thereof, received by him or any one under him, for and during the time of such his unjust detention thereof.

And the Governour and Company of his Majesty's Colony of Connecticut for the time being, and all other officers and persons what-