10.  Where  suit  is  brought  against  a  personal  representative
without  the  requisite  verification  and  demand,  a  demand  made
afterward  will  not  cure  the  omission ;  and  the  petition  should  be
dismissed  without  prejudice.    Rogers  v.  Mitchell,  1  Met.  25.
11.  Where  the  decedent  had  been  a  guardian,  and  his  personal
representative  and  security  were  sued  jointly  on  the  guardian's
bond,  and  the  personal  representative  obtained  a  rule  on  the  j)lain-
tift",  and  his  petition  was  dismissed  for  want  of  the  required  verifi-
cation and  demand — Held:  That  the  action  should  not  have
been  dismissed  as  to  the  surety.     Bogers  v.  Mitchell,  1  Met.  26.
12.  An  affidavit  and  demand,  as  preliminaries  to  a  suit,  are  only
necessary  when  the  suit  is  against  a  personal  representative,
Rogers  v.  Mitchell,  1  Met.  26j  but  no  judgment  can  be  rendered  on
a  demand  against  a  decedent's  estate  until  the  affidavit  required  by
section  36,  article  2,  chapter  37,  Eevised  Statutes,  is  made.  Perry
V.  Seitz,  2  Puv.  122.
II.    PREFERRED  DEBTS.
1.  The  estate  of  a  ward,  remaining  in  the  hands  of  an  insolvent
guardian  at  his  death,  must  be  paid  in  full  before  a  ^ro  rata  distri-


168  DECREE.
bution  can  be  had  between  general  creditors ;  and  creditors  of  the
ward  have,  in  equity,  a  right  to  be  substituted  to  the  rights  of  the
ward  ;  if  their  claims  are  of  such  a  character  as  would,  had  they
been  paid  by  the  guardian,  have  entitled  him  to  a  credit  on  the
settlement  of  his  accounts.     White  v.  Carico,  2  Met.  233,  234.
