
    P. F. Craycroft’s Adm’r v. John Clay’s Admr., et al.
    Administrator De Bonis Non.
    An administrator de bonis non cannot maintain an action against his predecessor for a settlement. Such action can only he maintained by a creditor or distributee.
    APPEAL PROM NICHOLAS CIRCUIT COURT.
    
      Hargis & Nowell, for appellant.
    
    
      Ross & Kennedy, for appellees.
    
    February 3, 1880.
   Opinion by

Judge Cofer:

An administrator de bonis non cannot maintain an action against his predecessor in office for a devastavit, or for a settlement. Such actions can only be maintained by a creditor or distributee. Felts v. Brown, 7 J. J. Marsh. 147; Lawrence’s Adm’r v. Lawrence, Litt. Sec. Cas., 123; Warfield v. Brand, 13 Bush 77.

As the appellant had no right to maintain, the action his rights were not prejudiced by its dismission.

Judgment affirmed..  