THIS was an action brought by a residuary legatee under the act of the 12 Geo. 3. c. 16. 1 St. L. 449. to which the defendant pleaded fully administered. The plaintiff thereupon moved for the appointment of auditors; but the defendant objected, because his accounts had already been left by consent to referees, on a former citation before the register of wills,c.
THE COURT, however, determined, that the former settlement was not conclusive; and that, by the words of the act, it was intended, new auditors should be appointed, ex tempore, upon the plea of want of assets.