
    Peter G. Munroe vs Josiah Holmes, Jr.
    Although an executor has advanced his own moneys to pay valid claims against the solvent estate of his testator, and died without settling his account or receiving enough from the estate to reimburse himself, and the balance due to him has been settled in the probate court upon an account filed by his administrator, the latter cannot maintain an action against the administrator de bonis non of the testator’s estate to recover the amount sc found due.
    Contract. The plaintiff was.the administrator of the estate of R. L. Barstow, who in his lifetime was executor of the will of Henry N. Dexter, and as such executor advanced various sums in payment of valid debts against Dexter’s estate, which was solvent, and died without settling his account, or receiving enough from the estate to reimburse himself. The plaintiff filed an account of the administration of Barstow, as such executor, in the probate court, which was allowed, showing a balance due to Barstow’s estate. The defendant was administrator de bonis non of Dexter, and this action was brought to recover the amount so found due to Barstow’s estate. The above facts were agreed in the superior court, and judgment rendered thereon for the defendant, and the plaintiff appealed to this court.
    
      T. M. Stetson, for the plaintiff.
    O. Prescott, for the defendant.
   Chapman, J.

No precedent or authority for such an action as this has been furnished by the plaintiff’s counsel, and we have not been able to find any. The plaintiff properly settled the account of his intestate in the probate court, and if he has any further remedy we think he must seek it in that court, under Gen. Sts. c. 101, § 22. Judgment for defendant.  