Peebles v. Watts' Administrator

Judge Marshall

delivered the opinion of the Court.

The order of the county court, appointing J. Woods, administrator, with the will annexed, though defective and erroneous, in not stating that the executors named in the will had refused to qualify, is not, therefore, necessarily void, but is valid, if the fact be that the executors refused to qualify. Whether this fact, though not stated in the order, should, or should not, be presumed in favor of the jurisdiction of the county court, in such cases, it may be proved where the validity of the order comes collaterally in question, as was decided…