Ballow v. Hudson
Supreme Court of Virginia
In December 1846 Hyram Hudson and others, claiming to be next of kin to Jesse Ballow deceased, filed their bill in the Circuit court of Halifax county, in which they state, that after the death of Jesse Ballow a certain paper writing purporting to be his last will was offered for probat in the County court of Cumberland, and probat thereof was refused by the court; whereupon the parties offering said will applied for probat of the same to the Circuit court of Cumberland,…
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In December 1846 Hyram Hudson and others, claiming to be next of kin to Jesse Ballow deceased, filed their bill in the Circuit court of Halifax county, in which they state, that after the death of Jesse Ballow a certain paper writing purporting to be his last will was offered for probat in the County court of Cumberland, and probat thereof was refused by the court; whereupon the parties offering said will applied for probat of the same to the Circuit court of Cumberland, when the said paper was admitted to'probat. They charge that the probat wg.s procured by fraud, the parties who had opposed…
1Opinion of the CourtSamuels, J.
This case grows out of a contest *675about the succession to the estate of Jesse Ballow deceased; the appellees, who were complainants and are of the next of kin, allege an intestacy; the appellants, defendants below, claim under an alleged will.
It is averred in the original bill, that the paper called the will of Jesse Ballow, had been propounded for probat, in the County court of Cumberland county, by William T. Ballow and Jane Booker, two of the legatees named therein, and that probat thereof was refused by that court: That the will was at a subsequent day again offered for probat in the…
2Cases cited4 opinions
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- Nalle's Representatives v. FenwickCourt of Appeals of Virginia · 1826
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