In re the Estate of Stokes

— The first question necessary to be considered' in this case is, whether the appellant, Hills, has such an interest in the subject matter affected by the proceedings appealed from as will authorize him to take this appeal. The facts upon which this question depends are the following:

Mrs. Stokes, being the owner of a large amount of real and personal property as her separate estate, died intestate, leaving as her heirs her husband, James Stokes, and several children. J ames Stokes was appointed administrator, and in that capacity, as is claimed, disposed of all the personal property belonging to .the estate, and died leaving the estate not fully administered. His estate appears to be insolvent, and by a *586 settlement between his executor and the administrator de bonis non of Mrs. Stokes, was found to be indebted to the estate of Mrs. Stokes in the sum of thirty-five thousand dollars.

Upon the death of Mrs. Stokes her husband, James Stokes, inherited one-third of her property. The appellant is a creditor of James Stokes.

The administrator de bonis non of the estate of Mrs. Stokes procured an order to sell certain land belonging to her estate, and in pursuance of the order a…