
    CONSTITUTIONAL COURT, COLUMBIA,
    NOV., 1816.
    Lewis Ciples v. Administrator of Isaac Alexander, deceased.
    The acknowledgments by an administrator that an account is just, is not sufficient evidence to warrant a judgment de bonis testatoris.
    
    Summary process on open account. Decree for defendant. Motion to reverse the decree.
    The only proof offered by plaintiff in support of this action, was the acknowledgment of the administrator, that the account was just, and Mr. Israel Matthews, then sitting for Judge Brevard, overruled the evidence and decreed for the defendant. This was a motion to set aside this decree.
   Bay, J.

As there is no privity of contract between the executor or administrator, and a testator or intestate’s creditor, it is not presumed in law, that they can know whether a demand is just or unjust. And therefore, a bare admission alone, on the part of an executor or administrator, is not sufficient to charge the estate with the debt, although they may admit they have assets for that purpose, and' that will charge them in case of a deficiency, provided that there is -a legal recovery against them. An executor or administrator may charge themselves with the debt of a testator or intestate, by writing: But no parol promise is good under the statute for that purpose. I am, therefore, against setting aside this decree.

Gantt, and Colcock, Js., concurred.  