
    * Samuel Dexter and Ux., Appellants, versus Aaron Brown.
    Upon an appeal from a decree of the Probate Court granting letters of adminis tiation to A. B., the Court may reverse the decree as to the appointment of A. B., and affirm it as to the residue; and in such case the papers are remitted to the judge, who is directed to grant administration to C. D. or E. F.
    
    This was an appeal from a decree of the judge of probate for this county, appointing the respondent administrator de bonis non of the estate of James Gordon, deceased.
    The reasons of appeal were,
    1. That there was no personal property belonging to the estate, and no debts due from it;
    2. That administration, if granted, ought not to be granted to the respondent.
    In support of the decree were produced two promissory notes, dated in 1765, signed by the deceased, and payable to certain persons described as officers of the Scotch Society. That society was incorporated in 1786, and there was a clause in the act of incorporation authorizing the new society to give discharges for moneys due the .old association. It appeared that the application for administration to be granted in this case was made by Brown, at the request of the society, and as their attorney.
    There was some evidence which went to raisfe a presumption that these notes had been paid many years ago.
    
      Dexter arid C. Jackson, for the appellants
    
      Gore and Dana, for the respondent.
   The Court,

viz., Sedgwick, Sewall, and Parker, were of opinion that the right of the society to recover on their notes, ought tc be submitted to the ordinary forum, in order to which an administration was necessary. But they thought Brown’s relation to the parties rendered him an unsuitable person to receive the letters of administration. The following decree was entered:—

“ And now, after a full hearing of the parties, it is considered by the Court, that so much of the decree of the judge of probate be ■ low as relates to the appointment of Aaron Brown, as administrator <ie bonis non of James Gordon, deceased, be, and hereby is, reversed; and that the residue of the decree of the said judge be affirmed.

And it is furthermore ordered and decreed, that the pa- [ * 33 ]- pers in the case be * remitted to the said judge, who is hereby ordered and directed to grant administration de bonis non on the estate aforesaid, in due form of law, to Peter Thatcher, Esq., or Alexander Townsend, Esq., both of Boston  