Coleman, Administrator de bonis non v. M'Murdo & Prentis
Supreme Court of Virginia
This was an appeal from the Richmond Chancery Court. The suit was brought by William Coleman, administrator de bonis non of Wernick, against M’Murdo, administrator of Douglas, and Prentis.
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This was an appeal from the Richmond Chancery Court. The suit was brought by William Coleman, administrator de bonis non of Wernick, against M’Murdo, administrator of Douglas, and Prentis. As the merits of this suit are not now in question, it will suffice briefly to state, that Wernick died intestate in the year 1783, and Marks qualified as his administrator, and the complainant, Coleman, became one of his sureties in the administration bond: that Coleman, being apprehensive that he might suffer by this engagement, pressed Marks for eounter-secui'it.y; whereupon the said Marks deposited in…
1Opinion of the Court
The Judges delivered their opinions.*
Judge Care.
This case brings before us, for the first time, the question whether an administrator de bonis non can, by bill in equity, call the representative of the first administrator to account, for assets of the first intestate, wasted or converted by the first administrator. This is a question, not of practice, but of sheer law; depending on the extent of the commission of the administrator de bonis non, what are his powers, and how far he represents the estate of his intestate.
Before I enter on the consideration of this subject, I will say a word with…
2Cases cited2 opinions
- Andrews v. King CountyWashington Supreme Court · 1890
- Hays's v. HaysSupreme Court of Virginia · 1817