Opinion
01-01-1820
Ex Parte Colin Clarke
Robert Graham, executor of James Lyle, deceased, having been required to give additional security, and having failed to do so, his power was revoked and annulled by this Court, at a former Term, November, 1819, and James Lyle, one of the legatees of the testator, was, at the same time, substituted as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.
1 Rev. Code of 1819, ch. 104, § 41, p. 385.
OPINION
The Court were of opinion, that although the present applicant might have been appointed, together with Lyle, 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 Law does not give the Court the power to appoint another administrator, or associate another with the present.