case Humphreys versus INGLEDON Lord Macclesfield executor can bring a bill  without show thereby that he have prove the will in the spiritual court if he  do this be good cause of demurrer but it be enough to allege he have duly  prove the will without say in what court see case one bring a bill as executor  for the recovery of some of the testator asset wherein it do not appear that  he have any way prove the will the defendant demurrer in regard the plaintiff  have not show by his bill that he have in any court prove his testator will  peer William Lord chancellor the plaintiff be very stiff after have be tell of  this slip by the demurrer not to amend his bill and if he do not prove the  will before he be allow to proceed here probable he never will now as the  court at law never take notice of a will vide cumber case post so as to allow  the executor to sue upon it for any personal estate until he have first prove  it in the spiritual court so it be very reasonable to observe the same rule in  equity indeed in every other respect save only as to the liberty of sue the  executor be complete so before probate for instance he may assign or release  but ought not to be allow to sue   Litt b the court ask Mr g the register how  the course be as to this point who answer that the plaintiff ought to allege  by the bill that he have duly prove the will but though he do not mention in  what court it will be enough whereupon the demurrer be allow the Lord keeper  north when he first come into this court be of opinion that a plaintiff  administrator ought to show by his bill where he have take out administration  to the intent the defendant may be inform in what court to look for it which  may be void if take out under a wrong jurisdiction yet of late the general  allegation of have duly take out administration have be hold good especial  where as on demurrer the case be not then to be determine but the plaintiff  must show his letter of administration at the hear so say and determine by the  Lord king in the case of stone v baker the that of December Qure be any  difference as to this point between a administration and executorship peer  William er p