Kirby v. Kirby
Supreme Court of Virginia
Appeal from decree of circuit court of Halifax county rendered November 20th, 1886, in the suit wherein H. M. Kirby ■ and others are complainants, and li. M. Kirby and others are defendants. The object of the bill is to impeach the will of Anderson Kirby, deceased, which had been admitted to probate by the couuty court of said county.
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Appeal from decree of circuit court of Halifax county rendered November 20th, 1886, in the suit wherein H. M. Kirby ■ and others are complainants, and li. M. Kirby and others are defendants. The object of the bill is to impeach the will of Anderson Kirby, deceased, which had been admitted to probate by the couuty court of said county. At the Hovember .term, 1886, there was an issue of devisavit vel non, but the jury failing to agree, were discharged, whereupon, on motion of complainants a decree was entered appointing a receiver to take charge of the real, estate devised by the decedent, and…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
The defendants, the appellants here, contend, and the position is well taken, that the decree is erroneous, because the court, in entering it, exceeded its jurisdiction. It is contended that in a suit of this description, a court of equity does not proceed under its general jurisdiction, with all the powers incident thereto, but can exercise only the special and limited powers conferred upon it by the statute; that it acts as a court of probate, with a single object in view, namely, to ascertain by a jury trial whether the paper in question is, or…
2Cases cited3 opinions
- Hartman v. StricklerSupreme Court of Virginia · 1886
- Coalter's ex'or v. BryanSupreme Court of Virginia · 1844
- Connolly v. ConnollySupreme Court of Virginia · 1880
3Cited by15 opinions
- Foster v. CarlinCourt of Appeals for the Fourth Circuit · 1952
- Tyson v. ScottSupreme Court of Virginia · 1914
- Chitwood v. CollinsWest Virginia Supreme Court · 1940
- Potts v. FlippenSupreme Court of Virginia · 1938
- Woofter v. MatzWest Virginia Supreme Court · 1912
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