
    *Harrisons v. Harrison’s Adm’r and Others.
    April, 1833.
    (Absent Bkooke, J.)
    
    Insurance on House — To Whom It Belongs — Liability of Sureties of Administrator. — A house is insured against fire, as being leasehold property, held for a term of 99 years renewable forever; it was, in fact, held by the assured in fee simple; after the death of the assured, it is destroyed by fire; Held, the money due for the loss belonged to the heirs of the assured, and his administrator having received it, the sureties of the administrator are not responsible for it.
    Obadiah Harrison late of Petersburg deceased, in his lifetime, made a declaration for the insurance of a house in that town, in the Mutual Assurance Society against fire on buildings of the state of Virginia, in which declaration he described his estate in the property as being a term of ninety-nine years renewable forever, whereas, in fact, he was seized of a fee simple estate in the property; and he effected a policy of assurance with the society, which, referring to the declaration by him made for insurance, bound the society to make good, to him, his heirs, executors, administrators or assigns, all losses or damages which should happen to the house by accidental fire &c. The policy was a covenant under the seal of the society. Some years after the policy was effected, Harrison died, and Samuel Christian took letters of administration of his estate, and gave an administration bond, in which Donald M’Kenzie and John Osborne were bound as his sureties. After-wards, in March 1819, the house was destroyed by fire; and the sum of 439 dollars, the net estimated loss,, was paid by the society to Christian the administrator.
    Upon a bill exhibited in the superiour court of chancery of Richmond, by Harrison’s children and distributees against Christian the administrator and M’Kenzie and 'Osborne his sureties, praying a settlement of Christian’s accounts of administration, and a decree against him and his sureties for the balance which should be found due from him to his intestate’s estate, —the main question was, whether the money *due from the Mutual Assurance Society upon the policy, and received by Christian, belonged of right to him as the administrator of Harrison, or to Harrison’s heirs? If it belonged to Christian as the administrator of the assured, then his sureties in the administration bond were responsible to the distributees, for his due administration thereof; if it belonged to the heirs of the assured, the sureties of the administrator were nowise bound for it to the heirs.
    
      The chancellor was of opinion, that the money due on the policy of assurance belonged to the heirs of the assured, not to his administrator; and that, consequently, the sureties of the administrator were nowise responsible for it; and it appearing by the accounts of Christian’s administration, that there were no other moneys due from the administrator, for which his sureties could be held responsible to the dis-tributees, he dismissed the bill as to the sureties. The Harrisons applied by petition to this court, for an appeal from the decree ; which was allowed.
    Spooner, for the appellant.
    Ko counsel for the appellee.
    
      
      Insurance. — See monographic note on “Insurance, Fire & Marine” appended to Mut. Assur. Society v. Holt, 39 Gratt. 612.
    
   TUCKER, P.

The appeal being from the dismission of the bill as to the sureties, and nothing more, Christian is out of the case here. As to the insurance money: the house, it is true, was insured by mistake, as leasehold property. The title of the assured was in fact a fee simple. The policy was, thereore, a covenant for the protection of real estate, though it was by mistake described as a term of years renewable forever. The covenant followed the title to the property, andón the death of Harrison, the assured, devolved to his heirs, for they are expressly named in the policy. The Mutual Assurance Society covenanted to Harrison, his heirs &c. and he bound himself, his heirs &c. to the society. This covenant being broken after Harrison’s death, the right to the insurance money was in his heirs. The administrator Christian having received what belonged *to the heirs, he is debtor for the amount to them, not to his intestate’s estate. Therefore, the sureties bound in his administration bond are nowise responsible for it. On this point, this court approves the chancellor’s decree.

The decree was, however, reversed upon some trivial points of mere detail in the report of the administration account in regard to which exceptions had been taken by the appellants, and overruled by the court; and the cause was remanded with directions in relation thereto.  