Goode v. . Goode

delivered the opinion of the Court:

The question in this case is, whether an account cart l)e decreed of the personal estate of a deceased person, Without making the executor or administrator a party to the bill ? and we think it cannot. The case of Humphreys and wife v. Humphreys, (a) is a direct authority to this point. It is ti-ue, that here the Defendants are ealied executors in the petition ; but the petition also charges that Judith Goode died intestate. This therefore is an attempt to snake executor:-; áeson tort, answerable to distributees, which we are satisfied, from the reasons given in the case just cited, ought not to be done. There-is another consideration that has great weight with us, which is, that if a decree should be made for the petitioners, and they' receive the property under it, they would themselves thereby become executors de son tori; which implies a wrongful interference with the property of the intestate. A court of equity can never be accessary to Such an act, or so far disregard the rights of creditors. The decree of the superior court must be affirmed.