¶1The precedents cited and the arguments urged by the appellant’s counsel are decisive. They prove, that the person entitled to the estate is entitled to the administration also ; and consequently that the appellee has no title. The only question which could have arisen, would have been between Cutehin and the executors of the widow; but as the executors do not appear to have, made any opposition, and as the appellee had no right, the District Court certainly erred in reversing the judgment of the County Court. Therefore, the judgment of the District Court must be reversed, and that of 'the County Court affirmed.
5 Va. 1
Cutchin v. Wilkinson
Decided April 22, 1797
Court of Appeals of Virginia · decided 1797-04-22
WILLIS WILKINSON died intestate, leaving a widow and three children on the 22d day of Jipril, 1793, and administration of his estate was granted to Mrs. Wilkinson his widow, who was the mother of the said children. The children all died intestate, under age and withou^ issue? iQ the life-time of their mother, that is to say, two of them before, and the other upon the 10th day of May, 1793.
Decided 1797-04-22