
    Ex Parte Colin Clarke.
    Executors and Administrators — Substitution—Powers oi Court. — When an executor has been removed from office, and an administrator de bonis non has been substituted in his place, under the Act of Assembly, another person having equal right with the substituted administrator cannot come in at a subsequent Term, and be allowed to administer, the power of the Court over the subject having ceased.
    Robert Graham, executor of James Eyle, deceased, having been required to give additional security, and having failed to do so, his power was revoked and annulled by this Court, at a former Term, November, 1819, and James Eyle, one of the legatees of the testator, was, at the same time, substituted as administrator de bonis non with the will annexed, in the place of the said Graham. This was done under the authority of the Act of Assembly,  Mr. Clarke, the applicant, who had intermarried with another of the legatees, now moved the court to allow him also to qualify as administrator of the same estate, and to be associated with the present administrator ; this was claimed as a right, and he had also the consent of the 'present representative.
    
      
      The principal case is cited and approved in Lingle v. Cook, 32 Gratt. 268. See monographic note on “ Executors and Administrators ” appended to Rosser v. Depriest, 5 Gratt. 6.
    
    
      
       1 Rev. Code of 1819, ch. 104, § 41, p. 385.
    
   *The Court were of opinion, that although the present applicant might have been appointed, together with Eyle, at the time the executor was removed from the office, yet it was now too late : the authority granted to the Court to substitute an administrator in the place of the executor, has been already exercised; it is functus officio, and (no objection having been made to the present administrator), this Eaw does not give the Court the power to appoint another administrator, or associate another with the present.  