case ex part else and other in the matter of William WINSMORE a bankrupt march  the saint where assignee have possess themselves of effect which belong to the  bankrupt as executor only the court upon a application of the testator  creditor will for the secure his effect appoint a receiver to who the assignee  shall account for so much as they have get in of the testator estate William  Ellis and Sarah Hodgekins be bind creditor of Philip Hugh who make his will  and appoint Thomas Beetenson and William Winsmore executor who joint prove the  will but Beetenson die before he have possess any of the asset of Hugh  Winsmore receive part of hughes effect to the amount of pound and afterward a  commission of bankruptcy issue against he and he be find a bankrupt the  petitioner apply themselves to Winsmores assignee to get in the effect of  Philip Hugh that they may respective be pay what be due to they on their bind  but the assignee insist that the petitioner ought not to receive the full  satisfaction out of the effect but ought to come in with the other creditor of  Winsmore and receive a equal dividend with they it be therefore pray that it  may be refer to the commissioner to inquire what specific effect of Philip  Hugh remain unreceived and that the same may be get in and the petitioner pay  what be respective due to they before any distribution be make among Winsmores  creditor Lord chancellor I can make such order as be pray by the petition  because hughes debt must be pay in a course of administration and it do not  appear to I but there may be debt of a high nature but then the question will  be whether I ought to direct the assignee to deliver over hughes effect to  Winsmore who though he be a survive executor yet be a bankrupt may not be  quite so proper a person to be trust atkins er p indeed as he act in autre law  be a bankrupt do not take away the right of executorship and therefore strict  he may be the proper hand to receive it but however in such a case ought to  secure the effect of the testator and therefore I will appoint a receiver to  who the assignee of this commission shall account for so much as they have get  in of hughes testator asset his lordship refer it to a master to inquire what  part of Philip hughes effect have come to the hand of Winsmores assignee or  which remain unreceived by William Winsmore the survive executor and that the  master shall appoint a receiver of the effect of Philip Hugh the testator  which be unreceived and that the assignee of Winsmore do deliver over to such  receiver such part of the testator effect as shall be find to have be receive  by atkins they or to be in their hand in specie and order that the petitioner  be pay their respective debt and cost of this application out of such effect  of Philip Hugh the testator in a course of administration ex part marsh post  ex part lewellyn cook b law the note under Howard and jennet burr ex part leek  bro Charles Rep