It  has  occurred  to  us  that  it  might  be  an  objection  that  the
plaintiff  has  not  made  the  personal  representatives  of  Boz-
man  and  Hardison  parties.  It  was  not  taken  in  the  argu-
ment, and,  if  valid  generally,  we  think  it  no  bar  here.  Those
representatives  are  dead;  and  ihe  answers  admit  that  the
whole  estates  have  come  to  the  defendants'  hands,  and  ex-^


124  EaUITY  CASES  IN  THE

Dec.  I840pressly  sul»nit  to  account  in  respect  of  the  property,  if  they
•  are  chargeable  at  all  in  this  Ck)art  upon  the  bond.
There  must,  therefore,  be  a  reference  for  the  necessary  ac-
counts.
Per  Curiam.  Decree  accordingly.
DAVID  MOFFIT  01.  HUGH  MOFFm^S  Adm'is.
An  adminisfrator  is  entitled  to  call  upon  the  personal  representatifes  of
.    a  deceased  co-administrator,  where  it  appears  there  has  been  no  settle-
ment between  them,  for  an  aceonnt  of  their  Joint  administration,  and
for  his  proper  share  of  the  commissions  reoeifed  by  saoh  eo'sdminis*
trator.
This  bill  was  filed  leturnable  to  Fall  Term,  1838,  of
Randolph  Court  of  Equity,  and  at  that  term  the  answers  of
the  defendants  were  filed,  replication  thereto  taken,  and  com-
missions to  take  depositions  ordered.  At  Spring  Term,  184C,
the  cause  was  set  lor  hearing  and  transmitted  to  this  Court
by  consent.  The  facts  of  the  case  appear  in  the  opinion  of
the  Court.
The  cause  was  argued  by  Mendenhall  for  the  defendants.
Mo  counsel  appeared  for  the  plaintiff.
