#### Carter and wife vs. Alston.

■p'ILL and answer. The object of the bill was for an account of the personal estate of Jesse Atherton, deceased; Alston bes ng the adasi nistrator. It stated that the defendant pretended *238a release, ana the plaintiff admitted that be signed the same, fees says he was ignorant of his right, and also underage.

The defendant answered he had received property, part of the said estate, and disposed of part thereof after being of age. Anti the question now is, whether an account shall be decreed.

Hall, Judge.

If the account should not now he ordered to be taken, and at the next term a verdict should be against the defendant, we shall not be ready to pass a final decree, for want of the account. It should therefore be taken as one of the materials for making up a decree, in case it should turn out that he is liable to account.