Rives v. Patty

Citations

• 43 Miss. 338

Syllabus

<p>■ 1. Administrator and Administrator de bonis non — their Relations to each other — Right oe the Latter to call on the Former to Settle his Account in Probate-Court. — By our law, the rights and responsibilities of a first administrator are co-extensive with the personal estate of his intestate, and the rights and responsibilities of an administrator de bonis non are co-extensive with the estate unadministered by the former. The two respective responsibilities, are, in mathematical phrase, complements of each other, and together mato an entirety. Thore is no privity between them, and neither is responsible to the other. Honce an administrator de bonis non, has no right to call his predecessor to account for any money squandered or withheld, or property wasted or converted, or to sue him, except for property or choses in action remaining in specie in his hands, and capable of being clearly identified as the property of the intestate.</p> <p>2. Same — Case in Judgment. — By our law the only remedy against an administrator or executor, or the representative of either, for waste or misapplication of effects of the deceased, is an action at law on his official bond. To maintain Buch action the plaintiff must bo interested, either as creditor, legatee or distributee, and must prove Ms interest and the extent of it.</p> <p>Held: That an administrator de bonis non has no such interest.</p> <p>3. Administbatob — Final Settlement oe his Account — Notice to Paeties Intebested. — It is well settled as a general rule, that noporson is bound by a judgment or decree of which he had no notice; and this rule is applicable to final settlements of accounts in the probate court.</p>