case wilson against packman Hilary term Elizabeth roll Administration regular  grant though to a improper person and eventual repeal upon citation will  authorize all act do even pendent light by the first administrator ante post  roll ab   more salk lev raym Brownl cro car style latch lev wood con stram  fitzg peer will atk ld raym action sur trover and conversion of good upon  demurrer the case be the ordinary commit administration of the good of a  intestate to the defendant afterward the next of kin sue a citation in the  court Christian against the defendant to repeal that administration and  hependente light sell croak Elizabeth those good and afterward his  administration be repeal and administration commit to the plaintiff who for  this conversion pendent light bring this action it be move for the defendant  that this action lie not and the administration at the commonlaw be well  commit and the statute do not alter the law in this point but give a penalty  against the ordinary if he commit they not to the next of kin and the  administrator until administration repeal have a absolute authority to dispose  of the good as he please Tanfield co tram the conversion a be not lawm pendent  light in court Christ full but be a tort to the plaintiff and that the  sentence there prove which be that all thing attempt or do pendent light shall  he void and the justice ought to have regard to the disturb ill law in this  point as in Henry guard Richard quare hinder and Henry pl and by the send ence  it appear that the administration be revoke as if it never have be and upon  this reason it be in dyer where a administrator recover a debt and afterward  another procure himself to he join in the administration and release the debt  and afterward it be revoke this release be not any bar to the execution and  mich pound Elizabeth in the common plea betwixt white and caryi this very  point be in question and adjudge that the action lie gawdy the action well lie  for the sentence do not repeal mean act do by a administrator which be for the  intestate benefit but forasmuch as these good be not convert or employ for the  intestate use it be reasonable that he shall he charge for they Popham and  Fenner contra for the administrator have a absolute and lawful interest and  power to dispose of the good until the repeal he make and it be not like to a  appeal upon a sentence for that make it as no sentence but the appeal of the  letter of administration do not avoid it ab beginning and make a lawful act  tortuous but rather in this case the new administrator shall have a account  for the money receive and the word in the sentence be not to he regard for  they be ordinary in all sentence so he have the good lawful a d convert they  lawful shall not answer for they as for a tort do and Popham here say if  administration be commit the ordinary commit new administration it be a repeal  of the former without any sentence of appeal a and if the firsb administrator  waste the good the debtee shall have the action against he and if he plead  that administration be commit over he may well by his replication maintain it  because he waste the good when he be administrator wherefore c el adjournatur  but afterward the action be discontinue by the plaintiff