case freke vers thomas in b r Administration durante those inferior in rank  lifetime of one entitle to the administration do not determine until the  infant have attain the age of twentyone ld raym S c salk SC Mod SC ld raym  Lutw SC burn ecclesiastical law Com dig Com dig hark   Litt b n infra p this  be a action of debt by the plaintiff as administrator durante those inferior  in rank lifetime of Dutton stead upon a bind for make to sir Edwin stead on  the saint of march which be not pay to sir Edwin in his life time nor to the  plaintiff afterward to who administration of all and singular the good and  chattel of the say sir Edwin to the use and benefit and during the minority of  the say Dutton stead a minor which say Dutton stead be now under the age of  year to wit of the age of year and no more be commit by Thomas by divine  providence archbishop of Canterbury c after the renunciation of all the  executor of the will of the say Edwin by g and e the executor of the same will  in due form of lawto which declaration the defendant demurrer for that the  administration grant to the plaintiff have cease I of counsel with the  defendant insist that the declaration comens er p be ill for it appear that  Dutton stead during who minority the administration be grant have attain the  age of seventeen year before the action commence and then the authority of the  administrator cease accord to Pigot case   a cro Elizabeth but a diversity  seem to be understand on the other side between where a administration be  grant during the minority of a executor and where it be grant during the  minority of one who be entitle to have administration for the declaration take  notice that the executor of sir Edwin stead refuse and that Dutton stead  during who minority the administration be grant be the principal legatee and  so as it seem entitle to the administration but I think this do not make any  difference for the reason why the authority of a administrator durante those  inferior in rank lifetime cease when the infant attain the age of year be that  by the spiritual law at that age he be capable of make a disposition of the  good of the decease for the benefit of the decease and to take comens the  administration upon himself but this reason be of the same weight as well when  the minor be a administrator as when he be executor for the power of the one  and the other be the same and a administrator in the civil law be call  executor dative the person from who the authority to administer be derive who  be the decease or the ordinary be not regard but that person only to who such  authority appertain whether he be of age sufficient to administer and  therefore if a administration be grant during the minority of a woman and she  take a husband of the age of seventeen year the administration cease as it be  hold   b prince case by which it appear that no more regard be have of a  person appoint to take the administration by the decease than there be of a  stranger and this distinction be not know to Vaughan c j for he think that a  administrator durante those inferior in rank lifetime if he bring a action  ought to aver that the administrator or executor be under the age of seventeen  year Vaugh lev S c lev SC vent SC keb SC keb S c a edgcomb and do you there a  action upon the case be bring against a administrator durante those inferior  in rank lifetime of Charles Everrard the son of the intestate the defendant  plead several judgement against himself and no asset ultra and upon a demurrer  to the plea a exception be take that the judgement plead do not appear to be  against he as administrator durante those inferior in rank lifetime but the  exception be not allow for that there be no need in a action bring against a  administrator durante those inferior in rank lifetime for the plaintiff to  show that the administration be not determine but in a action bring by a  administrator durante those inferior in rank lifetime he ought to aver that  the administrator or executor be under the age of year and that a  administration have be grant to a person in his infancy cro Elizabeth bid and  Starkey if it be object that by the statute of car c ordinary in grant  administration shall and may take of the person to who administration be grant  sufficient bind c which bind a infant can give it be to be observe that the  statute do not intend to make any alteration in the person to who  administration be to be grant but only to require comens a caution of the  administrator which if he can give it ought to be take of his surety in his  stead and it must be observe that a administration durante those inferior in  rank lifetime grant after the infant be seventeen year of age be void   a  Pigot case but judgement be give for the plaintiff for there be always a  diversity between the case where a administration be grant during the minority  of a executor which cease at the executor attain the age of seventeen year and  where it be grant during the minority of one who be entitle to the  administration the which endure until the infant attain the age of twentyone  year and so it be adjudge between Atkinson and Cornish ld raym Mod S c Mod SC  holt S c comb SC Carth S c a and between dubois and dubois comens er p