John Marshall

“ To state a full administration, without proving it, would be useless. The rule and usage, therefore, is, that if the plea of fully administered be found against the defendant, the verdict ought to find the amount of assets unadministered, and the defendant is liable for that sum only. The instruction of the Court, on this point, is erroneous, and, consequently, the verdict and judgment founded on it, must be set aside and reversed. ”

“ This case presents several questions of some difficulty; but, as the argument has been ex parte, and there are other points on which the judgment must necessarily be reversed, the Court will confine its opinion to those on which no doubt can arise. ”