
    ENOCH G. TUCKER v. FRANCES GREEN, ADMINISTRATRIX OF JOHN D. GREEN, WHO WAS EXECUTOR, &c., OF ENOCH GREEN.
    1. The administratrix of an executor held liable to a legatee under the will of which her intestate was executor, for the proceeds of bank stock belonging to the first estate, which was transferred by the executor to himself, in his own name, and which came to the hands of, and was sold by, his administratrix.
    2. E. G. died in 1827, and by will gave several pecuniary legacies, and among them $500 to his grandson, E. G. T., a minor, to be-kept at interest by the executor of the will until E. G. T. attained the age of twenty-one, and then to be paid to him, with the interest which should have accrued thereon. And for the purpose of carrying his will into eflect, and paying the debts and legacies, authorized the executor to sell so much of the real estate as. might be necessary. He then gave all the rest of his estate, real and personal, to his son, J. D. G., whom he appointed executor. The legacies amounted to $3000. The personal estate of E. G. was appraised at $3071.23, including thirty-six shares of Trenton Bank stock, appraised at §1260. In 1829 J. D. G., as executor of the will of E. G., transferred to himself, in his own name, the thirty-six shares of stock, and they stood in his own name at his death, in 1830. No administration de bonis non, with the will of E. G. annexed, was ever granted. Administration of the personal estate of J. D. G. was committed to his widow, P. G. In 1836 she sold the said stock for $1360, and, as administratrix of J. D. G., transferred it to the purchaser. On bill by E. G. T., against the administratrix, &c., of J. D. G., for the payment of the said legacy, it was decreed for the complainant. ’
    In March, 1827, Enoch Green died, leaving a will, by which, after directing his just debts and funeral expenses to be paid, he gave to his daughter, Maria Tucker, wife of Samuel Tucker, $500, for her sole use, to be paid in three months after his decease ; and to his daughter, Susan Carman, wife of Caleb Car-man, $500, for her sole use, to be paid as soon as conveniently might be after his decease; and to his daughter, Sarah Hamilton, wife of Thomas Hamilton, $1000, for her sole and separate use, to be paid as soon as conveniently might be after his decease ; and to his grandson, Enoch G. Tucker, $500, to be put and kept at interest by his executors, and the survivor of them, on good real security, till his said grandson should attain the age of twenty-one, and then to be paid to him, with the interest which should have accrued thereon ; and to his granddaughter, Frances Carman, $500, to be paid to her when she should attain the age of eighteen years; directing his executors in the meantime to place and keep the same at interest on good real security, till she should attain that age, and to pay the interest thereof, yearly, to the mother of the said Frances. And for the purpose of carrying his will into effect, by paying the debts and legacies therein mentioned, and for whatsoever ends and purposes might be requisite thereto, he authorized and empowered his executors therein mentioned, and the survivor of them, to sell and dispose of all and singular his real estate, or so much thereof as might be necessary for the purposes aforesaid. And all the rest, residue and remainder of his estate, real and personal, whatsoever and wheresoever, he gave, devised and bequeathed to his son, John D. Green, his heirs and assigns, forever. And he appointed his said son, John D. Green, and his nephew, Armitage Green, executors of his said will.
    John D. Green proved the will, and acted as executor, and as executor and residuary legatee and devisee, took possession of all the estate, real and personal. Armitage Green did not prove the will or act as executor. The will was proved on the 3d of May, 1827. On the same day an inventory of the personal estate of the testator was filed in the office of the surrogate of Hunterdon, amounting to $3071.23!, consisting of
    A bond of............................................. $1,000 00
    36 shares Trenton Bank stock, appraised at..... 1,260 00
    Cash in bank.......................................... 245 86
    Jiotes, due-bills, and book accounts............... 180 37f
    And furniture, &c.................................... 385 00
    $3,071 23!
    On the 19th of January, 1829, J. D. Green, as executor of the will of Enoch Green, transferred to himself in his own name the thirty-six shares of stock in the Trenton Bank, and they stood in his name at his death. In 1830, John D. Green died intestate, and administration of his personal estate was commit ted to his widow, Frances Green, the defendant in this cause. No administration de bonis non, with the will of Enoch Green annexed, was ever granted.
    In January, 1831, Frances Green, as administratrix, &c. of John D. Green, filed an inventory and appraisment of his personal estate in the office of the surrogate of Hunterdon, amounting to $7341.91, including the said thirty-six shares of bank stock, appraised at $38 a share, $1368. In January, 1835, Frances Green, as administratrix, &c., of John D. Green, sold the said bank stock for $1360.80, and transferred it to the purchaser.
    Enoch G. Tucker attained the age of twenty-one on the 7th July, 1838, and in 1841 exhibited his bill against Frances Green, administratrix, &c., of John D. Green, deceased, who was executor of the will of Enoch Green, deceased, for the recovery of the said legacy bequeathed to him by the will of Enoch Green, deceased. An answer was put in by the defendant, and the cause was heard on the pleadings and proofs.
    
      J. C. Potts, for the complainant.
    
      J. A. Simpson, for the defendant.
   The Chancellor.

If anything occurred in the course of John D. Green’s administration of the personal estate of Enoch Green, deceased, which would show that the transfer of the bank stock to himself was right and lawful, and that it thereby became rightfully his property, the defendant should have shown it. Personal property of the estate of Enoch Green, deceased, the testator, sufficient for the payment of this legacy, was converted by John D. Green, the executor of his will, to his own use, and is traced to the hands of the defendant, as administratrix of the personal estate of John D. Green. If there is any reason why it should not be applied to the payment of this legacy, she should have shown it.

I am of opinion that the proceeds of this stock may be reached in a suit by the legatee against the administratrix of the personal estate of John D. Green, deceased. 5 Rand. 51; Elm. Dig. 165, § 6; 1 Story’s Eq, § 581. Decree for complainant’  