Ely v. Commonwealth

The question in this case, is, whether itis'.nep.essary, upon an issue on a plea of plene adminisfrimit, in'a suit for a devastavit, against an administrator and his .sure ties,that the jury should find, in 'their verdict, the ~ amount of assets, which had been retained or misapplied, if they find against the plea. , .

The first section of an act of 1811 (1.- Stat. Law, 672,') provides, in contravention of the common law, that when sued for a devastavit, an executor or administrator may exempt himself from liability beyond the amount of assets which shall have been wasled, or which shall be…