9 Watts 495 | Pa. | 1840
The opinion of the court was delivered by
The incapacity under which an administrator de bonis non laboured, previous to the act of the 24th of February 1834, to recover the assets in the hands of the representatives of a prior executor or administrator who had died, arose from the want of title to the property of the decedent not remaining in specie. That reason does not apply in the case of a dismissed executor or administrator, because the 3d section of the act of the 4th of April 1797, expressly gives to the successor the administration of the unadministered part of the estate, and directs that the dismissed party surrender up the residue of the estate. This residue comprehends
Judgment reversed, and a venire facias de novo awarded.