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Benjamin M. Piatt v. Heirs of St. Clair and Bank of the United States and others
By the Court :
It is safest to make the appointment. It has always been held -that to charge a decedent’s estate with his debts, there must be a ■personal representative to proceed against. We are not willing to make a new precedent. The cause will be continued that the ap,;pointment may be made, and the party brought before the court.
