*Columbia.*

Heard by Chancellor Gaillard.

#### Harriet Benson, by Guardian, *vs.*John Bruce and Wife, Administratrix.

CABB «ti».

Interest allowed on sums of money in the hands of an administrator, kept unnecessarily an unreasonable time.

The administrator charged with furniture of the estate, kept and used by him for a long time, though he offered to deliver it up when suit was brought.

Commissions not allowed to an administrator who does not make tegular annual returns to the Court of Ordinary.

This was a bill brought by complainant for a partition and account. The complainant, as stated by the bill, was the only child of Joshua Benson, deceased. Her mother had since intermarried with the defendant, John Bruce. The bill states, the defendants J. Bruce and wife to have had the management of the estate of Joshua Benson, ever since the death of the said Joshua. The answer admits the management of the said estate to have been in the hands of the said Mary Bruce, previous to her intermarriage with the said *John;*and in his hands since the said marriage.

This case was referred to the commissioner to report on the amount which might appear to be due the complainant *;*upon which reference the commissioner reported a large amount in favor of complainant.

To which report the following exceptions were taken and argued before the commissioner, and by him overruled, viz:

First, — The report was wrong in allowing interest, particularly as the testimony was, there were outstanding debts, and still *are;*and from the testimony, the commissioner' ought not to have allowed interest in this case,

Second, — The defendant is charged too high for house rent, which charge is contrary to the weight of testimony adduced before the commissioner-

*464JUNE, 1814.

Third, — The report is wrong in charging the tk*v fondant with the amount of unsold furniture belonging to the estate, as from the testimony it appeared that it was the mother of complainant that prevented a sale of the same, and that the defendant has preserved the same for' complainant, and is ready to deliver it up to her. And' further, the furniture has not been injured by defendant.

Fourth, — The report is erroneous in not allowing1 (ihe said John Bruce commissions.

From which decision of the commissioner, the defendant appealed $ upon the hearing of which appeal before the Circuit judge, it was decreed that the exceptions be overruled, and that, the import of the commissioner be sustained.

This case came on, on four exceptions to the com-' missioncr’s report. The exceptions ai;e -overruled^ and the commissioner’s report sustained. Interest is allowed, because the administrator and administratrix kept the money of the intestate in his hands an unreasonable time.There was no necessity for their doing it, as the exigencies of the estate did not require it. The administrator and administratrix are charged with tho furniture» at the appraisement, as it appears that they kept it for their own use, in their own house, which was a tavern* having first* sold such parts of the furniture as did no&' •suit their purpose.

They arc charged *65l.*per annum for house rent by the commissioner. Some of the witnesses say it was-worth 70i. per annum j others $250.

Commissions are not allowed to the administrator and administratrix, because they did not account annually with the ordinary, as they ought to have done.

It is ordered and decreed, that the defendant do pay the sum reported to be due, by the commissioner j. and - that his report be confirmed.

The costs to he paid out of tho estate,

(Signed) Theodore Gaxlxard.

The defendant John Bruce then moved the Court Appeals- tq reverse the decree of the presiding, judge, oh