
    GENERAL COURT,
    MAY TERM, 1802.
    Wilson vs. Boyer.
    A guardian has no right to retain money receivedby him from the executor unless the executor has pas» sed'aiinai account with the orphans court, and an or» tier had been pasar ed by that court to pay over such mo» ney to the gusu'dxen
    Assumpsit for money lent. It appeared in evidence at the trial, that the plaintiff was executrix of her deceased husband, and the defendant was guardian to the children of the deceased. The defence set up was, that the guardian had received the money, for which the action was brought, from the plaintiff as executrix, and that he had a right to retain it as guardian to the children. No settlement of any account in the orphans court by the executrix Was proved.
    
      Boyd, for the plaintiff,
    prayed the court to direct, the jury, that unless the defendant could prove that the plaintiff had settled a final account with the orphans court, and there was a balance in her hands as. executrix, and an order from the orphans court to pay it over to the defendant as guardian, he had no right to withhold the money.
    
      Brice and M‘Mechen, for the defendant.
   The Court gave the direction accordingly.  