Hill v. Hill's Executors , 2 Va. Col. Dec. 57 ( 1753 )

This was a Bill in Chancery brought against the Heir to have Possession of the Land delivered to the Ex’tors for executing certain Trusts pursuant to the Testator’s Will The Will had been proved in the County Court and the Heir at Law summoned according [58] to the Act of Assembly But now it was insisted that a Court of Equity would never establish a Will against an Heir without a Tryal at Law 8 Mod. 90.

And per totam curiam prceter Tayloe a Trial at Law was directed.