and  the  accounts  must  be  duly  taken,  before  it  can  be
known  what  the  residue  is.  If  the  Trustees  of  the  Uni-
versity had  obtained  a  decree  against  Bennett  in  his  life
iime»  and  it  remained  unsatisfied,  that  might  be  a  breach
of  the  administration  bond,  for  which  the  Trustees  could
put  it  in  suit  against  Bennett's  executors  and  sureties
So,  perhaps,  if  it  appeared  that  Bennett  had  committed
an  actual  devastavit^  the  Trustees  might  have  had  this
action  upon  a  suggestion  of  that  breach  in  Bennett's  life
time.  But  for  a  balance  merely  remaining  in  his  hands,
unadministered  and  not  demanded  before  his  death,  no
claim,  we  think  can  be  made  by  the  Trustees  but  through
an  administrator  de  bonis  non.  That  is  so  on  principle  ;
and  it  is  likewise  so  upon  the  statute  under  which  the
Trustees  derive  their  title.  The  Act  of  1836  provides
that  all  the  estate  remaining  in  the  hands  of  any  execu-
tor or  adminisitrator  for  seven  years  after  his  qualifi*
cation,  unrecovered  or  unclaimed  by  creditors,  legatee?,
or  next  of  kin,  shall  by  titc  said  executor  or  administra"
tor  be  paid  to  the  Trustees  of  the  University,  Rev.  St.
