
    Mann vs. The State use of Thomas.
    Aíteal from Rent County Court. Debt on bond, daiod tbc 10th of April 1802, executed to the state by the defendant, (now pppeilee,) as administratrix de bonis non of Jinn Smith, deceased. The writ issued on the 20th of February 1803. The defendant pleaded general perfor-) manee. The replication set forth that Jinn Smith, de-j ceased, bv her will bequeathed to her granddaughter, Elizubeth 17 ocdall, now Elizabeth Thomas, (at whose instance and for whose use the original writ in this cause is endors-, <ed,) the sum of £30, to be paid to her at her day of marri-1 age. That Jhm Smith appointed George Vimsani Mann. since also deceased, her executor; and after his death let-: tors of administration de bonis non, with the will annexed, were granted on the 10th of April 1802, to the defendant. That assets came to the hands arid possession of G. V. Mann, the executor, in Ids life-time, and to the hands and possession of thp defendant, the administratrix de horns sufficient to and satisfy as well the • debts of Jhme Smith, as also ail the legacies bequeathed by her will. ’ That Elizabeth Woodall, the granddaughter of Jinn, Smith, and legatee aforesaid, after-wards intermarried with W-ilham Thomas, since deceased; end that the said legacy bequeathed to her as aforesaid, o«' any part thereof, not having been paid and satisfied, either to the said Elizabeth, whilst she was sole, or to Tiilliam Thomas in his life-time, after their intermarriage, or to either of them, became due and payable to die said Elizabeth Thomas, The. defendant rejoined to the replication, that the original writ in this cause was sued forth before the end or expiration of twelve months from the dale of the letters of administration of the defendant. To thi-. rejoinder there was a demurrer, which the court ruled good, and the defendant was ordered to answer over. The defendant then rejoined payment of the legacy; and also that no assets came to her hands; upon which issues were joined ’ ‘ " ? ' ' ¡ ) _ 5 s c 5 r' . l d
    ¡ ; \ In an action on an attirimsf ration 1 <»nd executed by an eduiñir-tiator i). JB. N Lror&ht to recover a .< t;:> pj.ihe (W< mlnnt rejoined, that the writ issued b< fove the exp'vatuni of 12 mouths from the (íütt of her letters oí rdimuis»tva«ion* A demurrer thereto wac. luted g'uod,
    <\ S,'by her vil? in )7'iS, leqiuatht d a leqai'y to E Vv, to be paid to Jur on her day of iii,image* and ¡made G M her ri‘s>dni>ry legatee end externar, " bo . ei¡?rn« (ú ai. iim liters is* 3.7f), MUÍ settled an account \ntlr tin* orphans court, leaving a huge ame due to the estate. After his (liath letters of sum MvisUatimii planted to A 3Iy who returned no invento: y, nor sctiitd any aeoou>it, hut if was proved 1hat sun». thj m £i\> slave». imh;d<i¡ in the invi iitoej' k turneo by Cx M, a.ter las death catín- to the ham's of A W. On an action htoreht «.fti'tis! A M on mdn.u'n» t.-ation h<rd to rumi1” thi k ¡'.'ey \y~JW,.iiPt'the aboye te ttnv-iiy \v,is puiútieut lo jUpJ'i",T t'i( 1*1110 lined on the pur1; o* the i-'i intiif to t!:e nnujukr t»i* xto abiKüiüA
    At the trial the plaintiff produced the will o7 Jim Smith dated in 1775, whereby amongst other things she bequeathed to her granddaughter, Elizabeth IVoodall, £30, io be paid to her at her day of marriage, am! she appointed George V. Mann her executor, and made him residuary legatee. The plaintiff also produced the letters testareen» tary granted to George V. Mann on the said estate, together with the inventory returned in 1776, amounting to £5%5 IQ 4, and proved by witnesses that sundry negroes? included in the inventory, were in the hands of Mann at the time of his death, and that said negroes are now in the hands and possession of the defendant. The defendant then produced the testamentary b.o.nd on the estate of Ann Smith, given by Mann, dated the 1st of March 1776. Also ' an account passed op the estate of Ann Smith by Mann, leaving a balance due the estate of £553 0 8. And proved by the register of wills, that no other account appeared in his office. She alsp proved by the register of wills, that no inventory was returned by her on the estate of Ann Smithi and that George V. Mann died in 1802. She then prayed the court to'direct the jury, that the testimony produced was not sufficient to support the last issue joined in this cause. Rut the Court, [Worrell, A. J.] refused to give such instruction. The defendant excepted; and the verdict and judgment being for the plaintiff, the defendant appealed to this court.
    The cause was argued before Polk, Nicholson, and Johnson, J, by
    
      Barroll and Carmichael, for the Appellants
    and by
    
      James Scott and Houston, for the Appellee,
   JUP GHENT ASTIRMED*.  