case Holcomb against petit the executor or administrator of a rightful  executor or administrator shall by the statute car c be charge upon a  devastavit of the testator or intestate lev Leon Mod Leon vent vent Ch Cas  andr Bac Abr term Rep a devastavit be bring against a administrator of a  rightful executor he plead a insufficient plea and there be a demurrer the  question be upon the statute of car c make perpetual by will mary c S a the  title whereof be a Act to enable creditor to recover their debt of the  executor and administrator of executor in their own wrong which be  introductory of a new law and charge those who be not Chargeable before at the  commonlaw but it enact that all and every the executor and administrator of  any person or person who as executor or executor in his or their own wrong or  administrator shall waste or convert any good chattel estate or asset of any  person decease to their own use shall be liable and Chargeable in the same  manner as their testator or intestate will have be if they have be live gold  hold that he shall not be charge for where a Act of parliament charge a  executor in such case a administrator shall be likewise charge but if a  administrator be charge that shall never extend to a executor the rule be a  mayor ad minus valet argumentum send non e contra therefore the rightful  executor shall not be charge by this Act which only make executor of executor  de son tort liable pollexfen contra there can be no reason give why the Act  shall make a administrator of a administrator liable to a devastavit and not a  administrator of a executor de son tort for the mischief will be the same and  therefore a rightful executor who waste the testator good ought to be charge  modern the recital of this Act be large enough the preamble be general and the  enact clause express executor and administrator of executor de son tort but  then it also mention administrator but not such who be their administrator de  son tort now the word cc administrator be in itself a general word and extend  to any one who meddle with the personal estate so that the preamble be general  and the Act remedial it be within the same mischief curian the word  administrator be very comprehensive for when a executor plead he say full to  manage if a rightful executor waste the pod he I S a kind of a administrator  de son tort for abuse the trust there be no superiority between a executor or  a administrator for by this Act they be both equal in power as to the good of  the decease modern er p judgement be give that the administrator of the  rightful executor shall be liable a