GILBERT, Circuit Judge (after stating the facts as above).
It is assigned as error that the trial court sustained a demurrer to the complaint for want of jurisdiction of the subject-matter of the action, until such time as the probate court should lose jurisdiction over the res. But it is a settled rule that a creditor may not bring an action against the surety on an executor's bond until after the final accounting and settlement of the estate in probate. Commonwealth...
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