Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1810-05-15


40 rcsnrairsx e .case of Braxeon VS.;
the Spots dlvanH ges6ices. Sshe court,
praoeeds 10 sap,--tsI It .nuy be eHect-;
'Sd thatthe act does rot Rsesonibe that.
aecredstor shsx eot GO against the &c !
Is rauities an the first instance and,
< therefore that fhe action as well
IS SFouShss TO whach atas 4sswer pre-
= cents ItseM, shat 1t as an established
s,p.anoipae Us 'consa:asct;cn, that where
aH ststrte has gwen new remedy,
Is without ssoiasing ont the mode m
Is wfHrh this remedy as to he attained,
rs 'therE2es ef the acea,aoRsa law, and the
Is practspe OF the courts, fcende upon
is the reason OF the thing, shall be par
.saees" dssibscribe snsstSsEfy to this,
rs to every preceding part Of the O.
FlHon, syhirh as rcpoddedsc have been
ansai,noasly given Ia that iRaportant
case- These who object TO the delay
wsftsH szch a course of proceeding
must reg aire, WORLD do well to eousi.
der that this IS aa additional remedy
given by oar law against executors,
who, neither by the common law nor
by any stseat- in England. can be com-
pelied 90 give hoad and security for
their conduct. And the creditor was,
hv che common Law, as much without
a remedy against the ordinary, iwho
was originally ia the place of an ad :.
minists ator, } as ne now is against an
executor in England, under any statute
Of that country.
For the ordinary, Al C mmon law, might
have disposed Of the whole of the inles
tzte's personal cha'teis, and could not be
compelled 10 grant administration, nor was
even so much as obliged 10 pay debts but
several statutes being made by which
power was given to hiH to grant the ad
ministratioa, and to pay The deb,s, he
therefore obliged the administrator to bring
ia an inventory. and to see that it was
distributed in pay men,s Of debts: and, &.
na,ly, the statutes required as our law
does] that the administrator should give
bond for the faithful Performance oil his
dvty. Bot the last statute upon this sub.
jeet. "a ard %, Char. I'd, c. S, was me-
yer in force in this country. So that the
remedy siren by our acts of assembly is
not, as was commended by Mr.. Munford,
a substitute for the action of debt upon i
judgment against an executor suggesting
deysstavit. but, az, was said by the eotaft
in the case of Brax,on the Spottsyiva.
MIA justices, an additional remedy which
our Law has given to creditors. lega,ecs,
and dis,ributees Of persons deceased for
their benefit dsecurity. Have they then
a right to complain that thief shalt no,
be permitted TO avail themselves of this
additional remedy against an innocent Sc
curity until they shall shew, the ma ure
and amount of their claims that the tes-
tator left assets, to a certain amount, thai,
they came to the hands of the executors.
who have wasted them, and that there was
Sufficient thereof 10 have satisfied ,heiri
ia due coure Of admtnisira.
tion
The only case that have met with in,
the English books of an action at law
brought upon an administration bond a.
gainst the securities of The administrator
is that mentioned in the case of Greenside
v Benson, 8 AK 258. There ghe credi-
TOT DCttSUs @b @StiON ak GINS
ne edministra rix on bond of her hus
band. the intcs!ate, for s 3oo,. 10 wbn.sI
she pleaded that she had not asse:s,ulssai
G Sc, which she paid into court. Benson
Dot being satisfied with the inven,oryl
brought in by her. procured an assign
nent OF he administration bond, and put
it in suit. by bringing three several aea
Gus one against the adminis!ratrix. and
one against each of the securities and
assigned for breach that she had not ex.
hibited uue aud perfect inventory.
These causes came on to be tried, and
no defence was made by the TWO securi.
ties, AID there was judgment for The plain.
tiff by default,
The securities brought bill agains.
Benson The Creditor, aud Mrs. Hudson
The adminisirattix and The relief prayed
was, that the delendan, the administrators
nigh, indemnify The pislni,Gs for being
sureties IN The administration bond, and
for an Injunction against Benson the Gre.
ditor till an account should be taken be.
tween them aud Mrs. Hudson, and ,ill
she should have satisfied Mr.. Benson as
far as the assets would go
The counsel tor the defendant Benson,
further stated that the administrative plea.
ded to the dsfe danrs action thar she had
assets only amounting to 4. SIS, beyond
what she bad aIreaug paid, bur the iutx