The intestate of the defendant, upon going into the army deposited with the defendant a sum of Confederate money, to hold and give out to the family of the depositor as they might need it. The defendant did so as long as the depositor lived. At his death the defendant qualified as administrator upon his estate, and the same money was then on hand in kind. There was certainly no default on the part of the defendant up to this time, February, 1863.
After qualifying as administrator, he paid off all the debts of the estate; paid the widow’s year’s support, and settled with all the distributees except the plaintiffs, one of whom was in the army, and did not call for his share, and the other was a minor. Their shares consist of a portion of the same money which was on hand, and it died on the administrator’s hands at the end of the war.
The defendant was in no default, but in all things did his duty, both as the agent of the intestate in his life time, and as administrator of his estate, and there is no principle upon which he can be charged.
There is error.
Per Curiam. Judgment reversed.