
    Columbia,
    
      November Term, 1816
    Lewis Ciples vs. Administrator of Isaac Alexander, deceased.
    Summary Process on open Account.
    Decree for defendant.
    Motion to reverse the decree.
    The ac-Tcnowl-edgments by an ad-ministrator that an account is just, is not evidence toris.
    
    The only proof offered by plaintiff in support of this action, was the acknowledgment of the administrator, that the account was just, and Mv. Israel 
      
      Matthews, then sitting for Judge Brevard, overruled the evidence and decreed for the defendant.
    This was a motion to set aside this decree.
   Bay, J.

As there is no privity of contract be-ween the executor or administrator, and a testator or intestate’s creditor, it is not presumed in law, that they can know whether a demand is just or unjust. And therefore, a bare admission alone, on the part of an executor or administrator is not sufficient to charge the estate with the debt, although they may admit they have assets for that purpose, and that will charge them in case of a deficiency, provided that there is a legal recovery against them.

An executor or administrator may charge themselves with the debt of a testator or intestate, by writing : But no parol promise is good under the statute for that purpose. I am, therefore, against setting aside this decree.

Justices Gantt andCoLcocK concurred.  