
    *M’Rae v. Bates.
    February Term, 1810.
    Executors and Administrators, — Levy—Account.—in a suit in equity against executors, it is not regular to enter a decree to be levied of the goods of the testator, without an account.
    
      
      See monographic note on “Executors and Administrators” appended to Rosser v. Depriest, 5 Gratt. 6.
    
   In this case Mr. Dade proposed to take a decree, without an account, to be levied of the goods and chattels of the testator. The Chancellor objected to it upon this ground, that if the decree was not satisfied, the plaintiff would have to go to law to fix a devastavit, or to come again into this Court for an account, which if directed now, the decree may be a personal one, in the event of assets; and if necessary, the bill can be so amended as to extend to the remotest responsibility. Mr. Dade then withdrew his proposition, and took an order for an account. _ _  