
    Joanna Nason, Petitioner for Partition, versus John Willard.
    Administrator of an insolvent estate is not entitled to partition of land held by the intestate in common with others.
    The petitioner, styling herself administratrix of the goods and estate of Samuel Nason, deceased, alleges that she, in her said capacity, is seised and possessed, in common with J. Willard, of one undivided moiety of certain lands described in the petition; that the estate of said deceased is insolvent,—and prays that, by due course of the law, her part and proportion may be set off and assigned to her in severalty.
    After notice, and no one appearing to oppose, commissioners were appointed at the last October term, holden by Thatcher, J., to make the partition prayed for, who made their report at this term; and Wallingford moved for the acceptance of the report.
    Upon a suggestion from the Court that the petitioner, having nc seisin, was not entitled to this process, Wallingford suggested * that the statute  made provision, “ that [ * 479 j any person or persons interested with others, &c., may make application,” &c.; and he suggested that the petitioner, being administratrix of an insolvent estate, seemed the only person directly interested in the deceased’s purparty, and that it was for the interest of all concerned that the land should be divided before the part belonging to the deceased should be.sold.
    
      
       March 11, 1784.
    
   But the Court

dismissed the petition, it appearing that the peti tioner, by her own. showing, had no such interest in the land as entitled her to partition.  