
    (Hamilton County Probate Court.)
    In re ESTATE OF SOPHIA HESS.
    
      Jurisdiction where executors have paid out money under a discretion granted by the will.
    
    In 1886, Sophia Hess died, leaving a will appointing Joseph Trouhstine and Henry Hess as her executors. Among the provisions of the will it is directed that the executors hold in trust for the benefit of Hannah Hart, her sister, during her life, the sum of $2,500, the interest thereon to be paid to her during her life, and the principal to be paid to her children after her death. The will gives the executors a large discretion as to many things. They believed that by reason of the discretion vested in them, they had a right to pay the principal to Hannah Hart, and did so, fully protecting themselves, however, against any claim by taking an indemnity bond. They filed their final account, which was confirmed by the court in 1891. Now come two sons of Hannah Hart, Aaron and Henry Miller, who claim their share of the money which they contend was wrongfully paid their mother. She has since died, leaving these sons nothing. They asked for the appointment of an administrator de bonis non.
    Adolph L. Brown, for the executors.
    Ream & Ream andD. Murphy, for the application.
   FERRIS, J.

Held, that the account filed cannot now be disturbed, and that the probate court has no jurisdiction in this kind of cases to determine whether the executors rightfully or wrongfully paid out this money as contended, and therefore can not say affirmatively that there is an unadministered' estate, and can not grant the application for appointment of an administrator. Motion denied.  