New York had reported in November 1753 that New Hampshire governor Benning Wentworth had continued to grant land in the disputed area between the Connecticut River and Lake Champlain.

Grants had ceased briefly in 1754, because of the French and Indian War, but in 1755 and 1757, Wentworth had had a survey made sixty miles (ninety-seven kilometers) up the Connecticut River, and one hundred and eight grants have been made, extending to the line twenty miles (thirty-two kilometers) east of the Hudson, and north to the eastern shore of Lake Champlain.

While Wentworth's land sales are underway in the disputed territory, New York also issues land patents in the same area.

However, in contrast to the New Hampshire grants, the New York patents are generally irregularly shaped and issued to wealthy landowners.

The New Hampshire grants are "town-sized," and generally settled by middle-class farmers.

Most of the New York boundaries will be ignored in favor of the New Hampshire boundaries and designations once Vermont achieves statehood, and some of these New York patents are now referred to as paper towns because they existed only on paper.

New York had caught New Hampshire surveyors working on the east side of Champlain in September 1762,  provoking the colonial government to reiterate its claim to the area, citing both its own patent and the New Hampshire letters patent of 1741.

Wentworth had released a statement in March 1764, to the effect that the resolution of jurisdictional dispute required a royal verdict, which he was certain would be made in his favor. Meanwhile, he has encouraged his grantees to settle in the land and to cultivate and develop it.

New York had appealed to the Board of Trade, requesting a confirmation of their original grant, which finally resolved the border dispute between New York and New Hampshire in favor of New York.

The royal order of July 26, 1764, affirms that "the Western bank of the Connecticut, from where it enters the province of Massachusetts Bay as far north as the 45th degree of northern latitude, to be the boundary line between the said two provinces of New Hampshire and New York."

Wentworth issued his final two grants on October 17 of this year: Walker and Waltham.