
    M'Kinney guardian of M'Kinney against Watson administrator of Barber.
    Anadmimstrator is not entitled to credit in his account, for ¿«accountof the maintéchudre°n
    APPEAL from the Orphans’ Court of Northumber- , - land county.
    
      Matthias Barber died intestate in the year 1803, leaving a small personal estate and one hundred and ninety-six acres of land. He left a widow and one child, and another ventre sa mere, which was afterwards born, and is still ing. The widow, the appellee, administered, and settled her administration account on the 16th of August, 1808, on which a balance appeared in her favour, of fifty pounds seven shillings and nine pence. She was then married to John Watson, who settled the account with her. To this account there was no objection. On the 16th of September, 1819, a supplemental account was settled, the whole of which was excepted to by the appellant. In this account, the administratrix was credited with various sums, expended on account of the real estate, and for the maintenance, &c. of the children. The balance, in favour of the accountant, was two thousand and twelve dollars twenty-seven cents and a half, which included the balance of the first account. But the Orphans’ Court decreed to the accountant, a balance of seven hundred and three dollars fifteen cents, only. No guardian was appointed until about the year 1819. To April Term, 1819, an ejectment was brought for the land, by the guardian of the children, on which judgment was obtained, and á habere facias issued to November Term, 1819.
    After the case had been opened by Bradford, for the appellant, the Court desired Greenough, for the appellee, to shew, if he could, that the administratrix could include in her account, any charge for expenses on account of the real estate or the maintenance pf the children :
    
      Greenough answered, that his opinion had always been, that such charges were improper, but that the Orphans’ Court were of a contrary opinion.
   Per Curiam.

The administratrix had nothing to do with the'real estate of the intestate, or with the support and maintenance of the children. She is therefore not entitled to credit in ber administration account, for any money expended on account of the real estate or of the children. But the supplemental account consists altogether of charges relating to these two articles. The decree of the Orphans’ Court, therefore, so far as regards the supplemental account, must be reversed.  