Where an administrator wastes the personal assets and does not apply them to the payment of the debts of his intestate, and then is removed for misconduct and another person is appointed administrator de bonis non, the latter must sue on the bond of the former administrator, if the sureties thereon are solvent, before he can apply by petition for the sale of the land of the intestate.
The case of Badger v. Jones, 66 N.C. 305, cited and approved.
READE, J.
In Badger v. Jones Watson, 65 N.C. Rep. 305, it is said that "for devastavit on the part of the previous administrator, the administrator de bonis non ought to recover the value of the goods and effects wasted by an action on the bond of his predecessor." That is decisive of this case. It is true that in the case cited the administrator de bonis non was allowed to sell the land without a suit upon the bond for the devastavit of personal property; but that was put expressly on the ground that the sureties to the bond were insolvent, which is not alleged in the case before us.
There is no error.
PER CURIAM. Judgment affirmed.