
    James B. Powell vs. Thomas Carbry, Judge of Probate.
    At any term of the probate court, if the report of the commissioners, appointed to audit claims against an estate previously declared insolvent, has been received and approved, it is too late to open it.
    On appeal from the probate court of Yalobusha county.
    Bennet J. Higgins died, and on the 7th of January, 1840, William Kerr qualified as his executor.. On the 5th of January, 1841, he reported the estate insolvent. Commissioners of insolvency were appointed, and in due time their report was made and allowed, and the commissioners discharged.
    Afterwards the appellant, at the March term, 1843, filed his petition in the probate court, praying for referees to sit upon his claim, which had not been before the commissioners; the probate judge refused to appoint referees, and he appealed.
   Per Curiam.

The principles which govern this cause have already been settled by this court. 6 How. 526. Smith v. Berry, 1 S. & M. 321. Addison v. Eldridge, Ib. 514. The commissioners of insolvency did not include the claim of the appellant, Powell, in the report which they made to the probate court. There is no evidence that his claim was before them until the report had been made. At a subsequent term, he filed his petition, praying for the appointment of other commissioners, to whom his claim might be submitted, those previously appointed having been discharged, when they made their report. The court very properly refused this application, and from this order of refusal, the appeal is taken.

The judgment of the probate court is affirmed.  