making  it  preferential,  and  payment  is  de>  it  was  held^  that  where  the  distribution  was
manded  of  the  executor,  the  latter,  if  it  made  in  good  faith,  and  for  the  accommo-
appears  probable  that  there  will  be  a  defi<  dation  of  the  distributees,  without  a  full
ciency  of  assets,  should  refuse  to  pay  in  hiawledge  of  the  condition  of  the  estate,
fuH.  and  leave  the  legatee  to  his  applica-  and  under  an  honest  and  reasonable  im-
tion  to  the  court  to  compel  such  payment,  pression  that  debts  of  which  the  adminis-
whereupon  the  court  may  direct  payment  trator  had  notice  could  be  resisted,  he  can
of  a  reasonable  percentage,  or  require  a  compel  the  distributees  to  refund.  Compare
bond  from  the  legatee.  Harvard  College  Tucker,  J.,  in  Gallego*s  Exrs.  v,  Attorney-
Trustees  V,  Quinn,  3  Redf.  (N.  Y.)  514.  General,  3  Leigh's   Rep.   (Va.)   450,  489,

2.  Nelthorpe  v.   Biscoe,    i    Chan.    Ca.  490.
