25 Tenn. 131 | Tenn. | 1845
delivered the opinion of the court.
Several questions are made in argument in this case, but as the chancellor dismissed the bill upon the supposed invalidity of the grant of administration to the administrator, the complainant, it is chiefly important to inquire into the legal correctness of that ground. The decision of his honor, the chancellor, was based upon the decision of the court, in the case of Nelson’s lessee vs. Griffin, 2 Yerg. 624-632, which is, that the probate jurisdiction of the county court is a limited jurisdiction, and that, therefore, the order of the court in granting administration, must show that the person upon whose estate the grant of administration may be made, died intestate, and that his usual or fixed residence, at the time of
The decree of the chancellor, dismissing the bill, must be
The case will be reversed, and remanded to the chancery court, to be proceeded in. The complainant and the defendant, Lucretia Hart, will each pay one half of the costs of this court.