Reynolds

T. B. McManus died intestate, January 15th, 1861. On the 8th of August, 1864, defendant Brumagim was appointed administrator of the estate of the deceased, and received letters. August 26th, 1866, Brumagim returned and' filed an inventory and appraisement of the estate of intestate, which set out a tract of land by metes and bounds, valued at $1,000, and, referring to the tract, contained the following words : “ The above land is held by parties in possession, claiming to hold the same adversely to the estate.”

May 1st, 1867, Isabella McManus, sister and heir of deceased, filed in the Probate Court her petition, stating the issuance of letters to Brumagim; that she had come to this State for the purpose of administering upon the estate, and to have it distributed to her as sole heir-at-law; that the property of the estate had been appraised at $1,000; that Brumagim had expressed his desire to resign his trust in order that letters might be issued to her, and had annexed thereto his resignation, and praying that letters be issued to her in the place of said Brumagim, at the same time Brumagim’s resignation was filed. On the same day Brumagim filed his account, which contained the…