JOHN WITHERSTON having died intestate, letters of administration were granted to Nancy Witherston, who entered into bond, with John Hicks her security, for the faithful administration of the estate of her intestate. She returned to the County Court an account of sales of the estate, and then removed out of this State to parts unknown, having made no settlement with the court, nor returned an account current of her administration. The estate left two children, (438) Rebeccah and Gabriel; and for the purpose of recovering their distributive shares of his estate, they brought an action of debt against John Hicks for the nonperformance of the conditions contained in the bond given by the administratrix, to which he was security, and upon the trial gave in evidence the account of sales aforesaid, for the purpose of showing the amount of the estate. A verdict was given for the plaintiff, subject to the opinion of the court upon the question, Whether this suit could be maintained before some proceedings were had against the administratrix, whereby it could be ascertained what was the surplus remaining in her hands for distribution.