He must distribute the residue amongst those entitled to it under direction of the court and according to law, deducting the amo•mt of any advancements. 10 Watts, Penn. 54 , 11 Johns. N. Y. 91; 6 Ired. No.
C. 4.
The great rule is, that personal property is regulated by the law of the domicile. The rights of the distributees vest as soon as the intestate dies, but cannot be sued for till the lapse of the statute period of distribution. See 118th Novel of Justinian, Cooper's trans. 393; 2 P. Will. Ch. 447;, 2 Story, Eq. Jur. 1205; 20 Pick. Mass. 670; 12 Cush. Mass. 282; 31 Miss. 556. See DISTRIBUTION ; CONFLICT OF LAWS.
S. The liability of an administrator is in general measured by the amount of assets. On his contracts he may render himself lia ble personally by his own contracts, or as administrator merely, according to the terms of his promise. 7 Taunt.. 581; 7 Barnew. & C. 450. But to make him liable personally for contracts about the estate,, a valid con sideration. must be shown. Yelv. 11; 3 Sim. Ch. 543 ; 2 Brod.. & B. 460. And, in gene ral, assets or forbearance will form the only consideration. 5 Mylne & C. Ch. 71;. 9 Wend. N. Y. 273 ; 13 id. 557. But a bond, of itself imports consideration ; and hence a bond given by administrators to submit to arbi tration is binding upon them personally. & Johns. N. Y. 120 ; 22 Miss.. 161.
An administrator is liable for torts and for gross negligence' in managing his intes tate's property. This species of misconduct is called in law a devastavit. 2 Williams, Ex.
1529 ; 4 Hayw. Tenn. 134 ; 1 Dev. Eq. No. C. 516. Such is negligence in collecting notes or debts, 2 Green, Ch. N. J. 300; an unneces sary sale of property at a discount, 8 Gratt. Va. 140'; paying undue funeral expenses, 1 Barnew. & Ad. 260 ; 2 Carr. & P. 207 ; and the like mismanagements. So he may be liable for not laying out assets for the bene fit of the estate, or for turning the money to his own profit or advantage. In such cases he is answerable for both principal and in terest. In England he may be charged with increased interest for money withheld by fraud, 2 Cox, Ch. 113 ; 4' Ves. Ch. 620; and he is sometimes made chargeable with com pound interest in this country. 10 Pick. Mass. 77. Finally, a refusal to account for funds, or an unreasonable delay in accounting,. raises a presumption of a wrongful use of them. 5 Dan. Ky. 70 ; 6 Gill & J. Md. 186 ; Williams, Ex. 1567.
9. An administrator gets no pay in Eng land, 3 Mer. 24; but in this country he is paid in proportion to his services, and all reasonable expenses are allowed him. If too small a compensation be awarded him, he may appeal to a common-law court. 1 Edw. Ch. N. Y. 195 ; 4 Whart. 95 ; 20 Barb. N. Y. tol, 11 Md. 415 ; 3 Cal. 287 ; 7 Ohio St. 143.
He cannot buy the estate, or any part of it, when sold by a common auctioneer to pay debts ; but he may when the auctioneer is a state officer, and the sale public and bona fide. 2 Patt. & H. Va. 71; 9 Mass. 75 ; 4 Ind. 355 ; 6 Ohio St. 189.