Hutcheson v. Priddy
Supreme Court of Virginia
This is a controversy concerning the right to administer upon the estate of a decedent. At the October term in the year 1853 of the County court of Henrico, a paper writing purporting to be the last will and testament of James O’Brien deceased, and bearing date on the 16th of June 1846, was duly proved and ordered to be recorded as the true last will and testament of the deceased.
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This is a controversy concerning the right to administer upon the estate of a decedent. At the October term in the year 1853 of the County court of Henrico, a paper writing purporting to be the last will and testament of James O’Brien deceased, and bearing date on the 16th of June 1846, was duly proved and ordered to be recorded as the true last will and testament of the deceased. And thereupon the appellee Elijah Priddy, the executor named in the will, appeared in court and refused to take upon himself the burden of the execution thereof. On the 8th of November following, in the same court,…
1Opinion of the CourtDee, J.
The relation in which a sheriff to whom the estate of a decedent is committed for administration, *stands to the estate has been materially changed in the course of the legislation upon this subject. Under former laws the estate was in effect administered by the court, and the sheriff was but the officer of the court charged with the execution of its orders made in the progress of the administration. See Acts of 1705, ch. 10, | 10, 11; Acts of 1748, ch. 3, l 2; 1785, ch. 61, § 55. At the revisal of 1819, a general provision was introduced, by which the sheriff in such case, without giving any…
2Cases cited2 opinions
- Cox v. Thomas' Adm'xSupreme Court of Virginia · 1852
- Wales v. WillardMassachusetts Supreme Judicial Court · 1806
3Cited by18 opinions
- Keystone Bridge Co. v. SummersWest Virginia Supreme Court · 1878
- Ballard v. Thomas & AmmonSupreme Court of Virginia · 1868
- Ballard v. Thomas & AmmonSupreme Court of Virginia · 1868
- Gibson v. BeckhamSupreme Court of Virginia · 1862
- Patton v. Merchants' Bank of CharlestonWest Virginia Supreme Court · 1878
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