5 D.C. 496
Decided November 15, 1838
The bill in equity in this cause, stated that the plaintiffs, all of Virginia, are the lawful and only children of Catharine Moody, deceased, who intermarried with their father, and who was the only child, next of kin, and heir of James Moody, who, in 1802, died intestate in Fayette county in Kentucky; and that the plaintiffs are his only next of kin and legal heirs and distributees, and that he left no widow.
Decided 1838-11-15
¶1(nem. con.) was of opinion, that as the defendant’s intestate died in Kentucky, and the defendant’s letters of administration were granted in Kentucky; as thé complainants resided in Virginia, and all the defendants in Kentucky, this Court had not, or if it had, ought not to assume jurisdiction in this case, although the administrator received the money here in 1833, and was found here in 1837.
¶2Bill dismissed with costs.