Individual Details

Waite, the youngest daughter of Stephen Dexter, married Charles Field and died in 1808. She had one daughter, also named Waite, who married John Brown but died in 1819, leaving one daughter Martha, now Martha Howell, still living in 1826.

The question of the case was whether or not Martha Howell, as heir of her grandmother, Waite Dexter, and her mother, Waite Brown, was a co-heir of the estate. The case was based on the statute of descents, 1822.

Under this statute, when a person died intestate without children, the estate was to "go to the kin next to the intestate, of the blood of the person from whom such estate came". All of the parties of the suit were either first or second cousins, direct descendants [by the blood] of Stephen Dexter [1689-1758] The plaintiff, Stephen Dexter claimed that the next of kin were only the first cousins. The court interpreted the statue to provide for the right of representation of all descendants. Under the old law, only brothers' and sisters' children were represented but the Act of 1822 had abolished this limitation. Judgement was in favor of Martha Howell and the other 2nd cousins.

However, the judge decreed 18 parts. Counting the grandchildren of Stephen Dexter [the 1st cousins] who were either living or had living issue [the 2nd cousins who would further divide a share], there were more shares - at least 25. I wonder if another suit was necessary.

Birth	1738	Providence, Providence County, Rhode Island
Death	1808

Father	Stephen Dexter (1689 - 1758)
Mother	Susanna Whipple ( - )
Sibling	Susan Dexter (1725 - 1825)
Sibling	Joseph Dexter (1727 - 1758)
Sibling	Christopher Dexter (1728 - 1825)
Sibling	Jeremiah Dexter (1730 - 1825)
Sibling	Capt. Edward Dexter (1732 - 1770)
Sibling	Freelove Dexter (1735 - 1825)