Cottom v. Cottom
Court of Appeals of Virginia
Appeal from the Superior Court of Law for the town of Petersburg. The case was this: In September, 1823, Samuel Cottom, moved the Hustings Court of Petersburg, for administration of ¡he estate of Richard Cottom, deceased, by 'whose will the said Samuel had been appointed executor. The Court being equally divided, the motion was over-ruled, and an appeal taken to the Superior Court, where the judgment of the Court of Hustings was affirmed.
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Appeal from the Superior Court of Law for the town of Petersburg. The case was this: In September, 1823, Samuel Cottom, moved the Hustings Court of Petersburg, for administration of ¡he estate of Richard Cottom, deceased, by 'whose will the said Samuel had been appointed executor. The Court being equally divided, the motion was over-ruled, and an appeal taken to the Superior Court, where the judgment of the Court of Hustings was affirmed. In August, 1824, Sa?nuel Cottom made a second application to.the Hustings Court to b^permitted to qualify as executor as aforesaid; which motitm was again…
1Opinion of the Court
The President
delivered the opinion of the Court.
The proceedings on the first application of the appellant to qualify as the executor of Richard Cottom, his testator, Ought to have put at rest the controversy no>v before the *194Court. The record of those proceedings was properly before the Circuit Court, upon the appeal from the second order of the Hustings Court, refusing to permit the appcllant to qualify as executor as aforesaid. The Circuit Court had both appellate and original jurisdiction of the controversy; and the record of the proceedings on the first application to qualify, was properly…
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