
    Ferdinand G. Gaskins v. Obediah D. Hammett.
    Executob ahd administeatoe: administeatoe de bonis non, eemedy of, to COLLECT AN INDIVIDUAL DEBT OF HIS PEEDECESSOE TO THE INTESTATE. — The administrator de ionis non cannot proceed in the Probate Court to compel the administrator-in-chief to return an inventory of a private debt due by him to the intestate: the proper remedy is at law.
    Appeal from the Probate Court of Jefferson county. Hon. J. M. Ellis, judge:
    The appellant, upon the revocation of the letters of the appellee as administrator of Wm. Broxton, deceased, was appointed administrator de ionis non of the intestate; and he thereupon procured a citation to be issued against the appellee, requiring him to render an inventory of said estate, suggesting that he was indebted to said intestate. The appellee answered, denying that he was administrator, and setting up a gift of the money claimed, by the intestate in his lifetime. Evidence was introduced by both parties on this point, and on final hearing, the court dismissed the citation, and E. Graskins appealed.
    No counsel appeared for either party.
   Fisher, J.,

delivered the opinion of the court.

This was a proceeding in the Probate Court of Jefferson County, to compel the appellee to account for certain moneys and property which it was alleged he had received as administrator, &c. He denied that he was administrator of the deceased; and set up a claim, under a deed of gift, to the property. The court below dismissed the petition, and from that order this appeal has been prosecuted.

The petitioner has a full and complete remedy, if he can establish his claim as administrator to the property, in a court of law ; which is, indeed, the only court in which the subject-matter embraced in the petition can be properly litigated.

Decree affirmed.  