coke b middleton case pasch I James in the common plea a executor can have a  action but he may release before probate if one release and afterward take  administration such release be no bar if two executor prove a will and the  three refuse yet he may release if a man be bind to pay money at a day to come  a release of all action before the day be a bar it be adjudge in the common  plea between Middleton and rimot that a executor before probate may release  Acc above russel case Bac ab come out e Com dig admonish b touch note g  Hensloes case ringtail p a a a action although before probate he can not have  a action he may commence a action before probate though he shall not declare  salk Wankford v Wankford Com dig admonish a Bac ab executor e roll ab Duncomb  v waker lev sc t ray Ventris Vid Hensloes case note g ringtail p a b for the  right of the action be in he but if a release and afterward take more Swinb a  administration it shall not bar he for the right of the action be not in he at  the time of the release S p contra per two judge against holt CJ Whitehall v  squire salk there be some difficulty in ascertain whether in any and if in any  in what case administration shall have relation back to the death of the  intestate in roll ab title relation a p it be lie down that if a man die  possess of certain good and then a stranger take they and convert they to his  own use and then administration be grant to I S that the administration shall  relate to the death of the testator so that I S can maintain a action of  trover and conversion for this conversion before administration grant to he in  brook abridgment relation it be say that letter of administration commit to  one by the ordinary shall have relation to the death of the intestate and h  the opinion of the court be cite and title Administration in Fitzherbert ab so  as to punish trespasser in brook relation a exception be make in favour of the  servant of the ordinary for be meddle by authority in respect of the  administration in Fitzherbert ab administrator the law be state to be that the  administrator have their power from the death of the intestate and not from  the grant of letter of administration and shall have their action for good  take before administration in wolley v clark b and a SC 1Dow and Ry abbot CJ  take a distinction between the case of a administrator and a executor that the  property vest in the executor from the moment of the testator death but in the  administrator from the time of the grant of letter of administration the point  of relation in the case of a administrator be not before the court therefore  qure and Vid pine v Wolland Ven Curtis v Vernon TR and n a coulter case post p  b c vide h b b h b Griesbrooks coke report b er p case blow Com Br executor  above in russel case c e a two executor prove the will the three refuse yet he  may release light if a man be bind to pay a sum at a day to come a release of  all action before the day bar it yet before the day he can have a action of  debt and so the opinion of sir Thomas gawdy in the case before be now adjudge  light sect f b   light a b d