The distributees of an intestate's estate may bring suit for their distributive shares against the securities of an administrator upon the administration bond, without any previous proceeding against the administrator, although he has made no settlement of his administration with the court, nor filed an account current.
From Warren.
BY THE COURT.
We are of opinion the suit can be maintained on the bond against the security, although the administratrix has not settled her accounts, nor any proceedings been had against her to ascertain the surplus in her hands for distribution. Judgment for the plaintiff.
Cited: Smith v. Fagan, 13 N.C. 301; Governor v. Carter, 25 N.C. 340; S. v. McKay, 28 N.C. 401; Strickland v. Murphy, 52 N.C. 244.