42 TESSIER v. WYSE.—3 BLAND.

insufficient, as it now appears to be upon the face of these pro-
ceedings.

But the proofs show that although the personal estate might
originally have been more than sufficient to pay this debt, it has
since, by some means or other, fallen greatly short. Admitting
then that there*has been a waste of the personal assets; do these
heirs and next of kin stand here as persons having no interest in
the personalty, or having no concern with this apparent misappli-
cation of it ? And has the conduct of the plaintiff Tessier, been
such, that, the loss must fall entirely upon him ?

It is clear that an account of an administrator passed by the
Orphans* Court, must be received as prima facie evidence of the
then truth of the facts stated in it, at least as against the adminis-
trator; and therefore it must be assumed, until the contrary is
shewn, that the administratrix Rachel Wyse, on the 29th of June,
1816, had in her hands a sufficiency of assets to pay this debt.
But the strongest proof which could be adduced of that fact,
would not preclude her from shewing, in answer to the claim of a
creditor, made at a subsequent period, that she had since disbursed
the whole amount, * then in her hands, in a. due course of
55 administration, so as to relieve herself from all liability.
To discharge herself from all claims in respect of the assets thus
admitted to have been in her hands, it certainly cannot be deemed
to be incumbent upon her to do so by subsequent accounts passed
by the Orphans' Court; it would be sufficient for her to shew, by
any kind of legal proof that she had fully and properly adminis-
tered the assets then on hand. There is here, however, no such
proof of her having properly applied any portion of the assets
held by her on the 29th of June, 1816. But all the peculiar cir-
cumstances of this case must be carefully considered in order to
obtain a clear view of the manner in which the personal estate
then in the hands of the administratrix Rachel Wyse, has been
consumed and reduced to the amount now found in the hands of
the administrator, de bonis non, Allender.

It appears, that the deceased debtor William Wyse, at the time
of his death, was seised and possessed of a considerable real and
personal estate, which passed into the hands of his widow as ad-
ministratrix, and his eight children, now here as defendants, and
who were bis heirs and next of kin; most of whom were then under
age, and all of whom have been maintained, and the minors edu-
cated, as we are left strongly to infer, from the estate by their
mother and natural guardian, the administratrix; that the admin-
istratrix Rachel Wyse, with this defendant John M. Wyse, by their
petition addressed to this Court, before the institution of this suit,
stated, that the personal estate of the deceased was not sufficient
to maintain and educate his children; and therefore they prayed
to have the tract of land called Deer Park sold, as directed by him