Andrews v. Avory
Supreme Court of Virginia
This was a suit instituted in the Circuit court of Mecklenburg in April 1847 by Rebecca Avory, the mother, and others, the brothers and sisters of William T. Avory deceased, against George W. Avory as administrator of William T. Avory, and in his own right, and Henry M. Spencer and Robert Andrews, his sureties in his official bend, for an account of George W. Avory’s administration, and for payment of what might be found due to the plaintiffs.
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This was a suit instituted in the Circuit court of Mecklenburg in April 1847 by Rebecca Avory, the mother, and others, the brothers and sisters of William T. Avory deceased, against George W. Avory as administrator of William T. Avory, and in his own right, and Henry M. Spencer and Robert Andrews, his sureties in his official bend, for an account of George W. Avory’s administration, and for payment of what might be found due to the plaintiffs. William T. Avory died in the county of Granville, North Carolina, in the early part of the year 1840, intestate and unmarried. He appears to have moved…
1Opinion of the CourtMoncure, J.
The first question which, in natural order, comes up for consideration in this case is, Whether the order of the County court of Mecklenburg, granting to George W. Avory administration on the estate of William T. Avory, was a void order, for want of jurisdiction in the court to make it?
It is now well settled, that the County court is a court of general jurisdiction in regard to probates and the grant of administrations; that it has jurisdiction in regard to the whole subject matter; and that though it may err in taking jurisdiction of a particular case, yet the order is generally not void,…
2Cases cited1 opinion
- Powell v. StrattonSupreme Court of Virginia · 1854
3Cited by1 opinion
- Brammer v. State Highway CommissionerRichmond County Circuit Court · 1980