Opinion by

An administrator de bonis non cannot maintain an action against his predecessor in office for a devastavit, or for a settlement. Such actions can only be maintained by a creditor or distributee. Felts v. Brown, 7 J. J. Marsh. 147; Lawrence’s Adm’r v. Lawrence, Litt. Sec. Cas., 123; Warfield v. Brand, 13 Bush 77.

As the appellant had no right to maintain, the action his rights were not prejudiced by its dismission.

Judgment affirmed..