coke a sir John nedham case pasch James in the common plea see Seagram v  knight lr Ch resolve Administration grant by the archbishop when there be good  notabilia only in one diocese be not void but voidable if after such  administration grant administration be grant by the ordinary of the diocese in  which the good notabilia be and then the first administration be repeal the  second administration stand good in such case administration of the effect of  the obligee grant by the archbishop to the obligor do not extinguish the debt  but the second administrator may well sue but if the obligee make the obligor  his executor it be a release in law of the debt so if a woman obligee marry  the obligor or one of the obligors it be a release in law but feme executrix  marry the debtor be no release in law Arthur post and Catharine his wife  administratrix of Elizabeth weldish bring a coke report b er p action of debt  against sir John nedham which plea begin mich James rot on bind of make to the  say Elizabeth who indeed kath administration all et ingulorum will do you much  good c queen fuer prfat Elizabeth tempore death sum per Willihel permission of  a god roffens bishop at roffen post death prd Elizabeth undertaking to be  fever the defendant plead quod post death speech Elizabeth et ante commission  administration prd scilicet maii the dean and chapter of Canterbury be  guardian of the spiritualties a Swinb a seed vacant of the archbishop of  Canterbury commit administration of the good c of the say Elizabeth to the  defendant eastern quod eaden Elizabeth tempore mortissu to have good notabilia  in diverse diocese to conquer before Cant which administration commit by the  say dean c do yet remain in force and demand judgement if the action the  plaintiff reply that after the say administration grant by the say dean c to  the defendant and before the purchase of this original writ sure Nov before dr  Bennet commissary of the prerogative court of Canterbury at the suit of the  say Catharine against the say defendant the administration grant to the  defendant be pronounce and declare pro no one et infirm ad all men law  execution upon which the defendant demurrer in law and in this case three  point be resolve forasmuch as the defendant have not show in his bar that the  intestate have good notabilia in b Swinb b certain for this cause it shall be  take that the administration be grant where the intestate have not good  notabilia in several diocese but yet it be agree that such administration be  not void c Cr Elizabeth hob Swinb roll Rep c but voidable a vide note c prince  case   a a as it be adjudge in d Swinb more   a Jones Bulst day a of Leon d  Hugh veer case as appear in the five part of my report fol coke b it be object  that forasmuch as the administration grant to the defendant be not void but e  Cr Elizabeth hob Swinb more roll Rep e voidable so long as it be in force the  inferior ordinary ought not to have commit administration for the prerogative  administration grant by the archbishop and the administration grant by the  inferior ordinary can f blow a f stand and be both of effect together for  thereupon confusion will ensue and therefore the administration grant by the  inferior ordinary be utter void and although the say prerogative  administration be afterward revoke that shall not make the other  administration of any better effect than it be at the time it be grant because  g   b   b a cro Elizabeth   light a   a hut day a Cawly Bulstr Bulstr g quod  in beginning non valet dragging or pulling along time non to recover but it be  answer and resolve that now inasmuch as the ecclesiastical judge have  pronounce and declare the letter of administration grant to the defendant pro  no one et infirm ad all men law execution we must give credit to they that it  be for cause not appear to we void ab beginning vide Elizabeth dyer h   b   a  dyer pl side keb postea cro Elizabeth h the like judgement upon the same  reason b in all case where the first administration be repeal the second stand  good though grant after the grant of the first and before the repeal of it Com  dig administrator b cite Brownl Charnock v curry b also the administration be  but a authority because he have nothing to his a before a cart a own use but  all to the use of another and a authority may expect and commence in going to  be and therefore it shall be suspend until the other be repeal or declare void  and it be say that there be tribune genera executor primus a lege agreed price  et therefore to say fixed by law ut bishop secundus a testator agreed price et  therefore to say testamentar ut executor tertius ab bishop agreed price et  therefore to say dative ut administrator and it be to be observe that the  bishop who be executor appoint by the law be not coke report a er p permit by  the law to make a release of any debt b   a Swinb   light a b or gift of any  good for he have a special property in the decease good for the benefit of the  dead and nothing to his own use and it appear in Elizabeth dyer that the  ordinary have not c   a   a roll Swinb dyer pl keb Wentw Inst kelw a b c power  to give authority to another to sell the decease good because he himself have  no such authority and the statute of west cap d west c Inst d good come to ad  manus ordinarii to place here and there that be for the good of the decease  and as to this purpose he be like a administrator duran e   b cro Elizabeth  and raym Swinb Leon march Inst Owen Dall e man tate who have a special power  commit to he to dispose of the decease good for his benefit and nothing in  prejudice of the executor as it be hold in prince case in the five part of my  report b so the lord who take a surrender of land hold by copy of court roll  to the use of another have power f   light b f only to grant it accord to the  use of the surrender and not to any stranger as it be hold in the four part of  my report in Westwicks case vide Henry b the g f n b d Br tres Br jurisdict Br  Ordi g ordinary shall not have a action of trespass for carry away the good  before a actual possession of they as executor or administrator may have c  vide note c middleton case   b c but before possession the ordinary shall sue  for they in the spiritual court and Fitzherbert in abridge the case title  trespass ex hoc coke a sequitur that the ordinary shall not have a action of  debt h roll h as ordinary it be resolve that the commit of I Siderf Leon roll  Swinb salk salk salk I administration by the archbishop to the obligor shall  not extinguish the debt but the debt remain d so the make a debtor executor  durante minoritate be no discharge of the debt since he be the only executor  in trust for the infant till he come of age Coweth v Philip I ld raym vin ab  executor h b pl d but if the obligee make the obligor his executor it be a  release in law of the debt for it be the act of the obligee himself e the  principle upon which the appointment be hold in law to be a release seem to be  that a debt be mere a right to recover the amount by way of action and as a  executor can maintain a action against himself his appointment by the creditor  to that office discharge the legal remedy for the debt simmons v Gutteridge  Ves uvoodward v Lord darcy Plowd Com dig admonish b note   Litt b so if the  testator make one debtor his executor where several be joint bind or indebt to  he it be a release to all Wankford v Wankford salk so also if the bind be  joint and several Cheetham v ware Bos and pull and upon the death of the  executor debtor the survive executor can sue his representative for the debt  for a personal thing suspend be extinct Com dig admonish b nor be the case  vary by the executor die without have prove the will or have administer Com  dig ib tollers exhort Bac ab exhort and bitten a or even by his refusal to act  with his coexecutors unless be formal renounce the office in the spiritual  court such a renunciation indeed shall prevent the release of his debt for he  can no more be compel to accept a release than a deed of grant Wankford v  Wankford salk and the debt be release although the testator be within age    light b but although the action be release the debt shall be asset in the hand  of the debtor executor Com dig admonish b asset c Bab ab exhort and bitten a  vin ab executor h b for it must be take that he have receive so much money and  if he do not administer so much it be a devastavit Wankford v Wankford salk in  equity when the debtor be appoint executor a trust be raise not only for a  residuary legatee brown v Selwin for but even for the next of kin Carey v  Goodinge bro c c berry v usher Ves and Vid simmons v Gutteridge Ves e and  therewith agree Edward a e b c in the same manner as if a coke report b er p  woman a Brownl Cr car   light b roll Plowd b a hob Cr car Wentw Yelv more  Jones hut roll Br execute e a Swinb hut I a obligee marry the obligor or one  of the obligors it be a release in the law of the debt for it be by the act of  the obligee herself and therewith agree h and Henry but if a woman b roll hob    light b b executrix marry the debtor it be no release in law because she  have the debt in another right and if it shall amount to a release in law it  will amount to a devastavit which be a wrong which the law will not suffer and  so it be adjudge in the king bench mich Elizabeth where in debt against a  woman c Cr Elizabeth roll   light b more Leon c executrix she plead full  administer and it be find that the defendant have marry the obligor and that  the husband be dead and it be adjudge to be no release in law nor the debt  extinct but only suspend during the coverture and so a difference note that  Fleta lib cap de will say de good death triple debet be laying down need ut d  h a Inst d funeralia usefulness that every one shall be pay in such precedency  as he ought to be will as legacy c