NEALE v. HAGTHROP.—3 BLAND. 551

Our Statute of Distributions, like that of England, Bac. Abr.
tit. Executors and Administrators, I, directs the goods, chattels,
and credits of those who die intestate, to be committed to an
administrator whose powers and duties are prescribed. He has a
vested interest in the personal estate of the deceased. Blackborough
v. Dam's, 1 P. Will. 42, and is directed to collect and take the whole
of it into his possession; which, or the proceeds of the sales there-
of, he is, in the first place, to apply to the satisfaction of all the
debts due from the intestate; and then he is to distribute the
surplus among the next of kin of the deceased. Although the
creditors of the deceased are to be first provided for under this
statute, yet the next of kin, among whom the surplus is to be dis-
tributed, take an interest which vests in them, by operation of law
immediately. It is considered as a species of chose in action of an
indefinite value; in nature of a present debt, payable at a future
day. Brown v. Shore, 1 Show. 2 and 25; Palmer v. Allicock, 2 Show,
407; & C. 3 Mod. 59; Squib v. Wyn, 1 P. Will. 380; Palmer v. Gar-
rard, Prece. Chan. 21; Doran v. Simpson, 4 Ves. 665. This inte-
rest vests in those who are the next of kin of the deceased at the
time of his death; not, however, in exclusion of a posthumous
* child, who is regarded as a then living, though unborn dis-
tributee. And therefore, should a distributee die before 565
the distribution of the surplus is actually made, his share will not
sink into the. estate of the intestate; but go to his own legal represen-
tatives in like manner as his other personal property. Dep. Com.
Gu. 114; Edwards v. Freeman, 2 P. Will. 446; 1798, ch. 101, sub-ch.
11, s. 14.

Hence it is clear, that, in no case can a next of kin make title to
a distributive share otherwise than through an administrator; who,
in equity, is regarded as a trustee for the creditors and next of kin;
and as such may, in Chancery, be called to account by all or any
of them. Elibank v. Montolieu, 5 Ves. 742; Conway v. Green, 1 H.
& J. 151. And every one who takes possession of the per-
sonal property of au intestate, after his decease, may be sued at
law or in equity by a creditor as an executor de son tort, and
charged accordingly. Webster v. Webster, 10 Ves. 93. And, in
equity, he will be considered as a trustee, and held accountable to
the administrator, no matter bow long he may have had possession
before the administration was granted. Boteler v. Allington, 3
Atk. 459; Fishwick v. Sewell, 4 H. & J. 394.

It has been declared, that many widows or others, having the
deceased's effects in their hands, and right to the administration
thereof, designedly suffer other persons to administer, whose
mouths are easily stopped with part of the estate's being delivered
them, and bring only such part of the appraisement, to the great
dishonor of the deceased, and deceit of the living; for prevention
whereof as well as of frequent tedious suits for the detecting such