Brotherton executor of lady coke Winford against hellier by sarah harris his  guardian prerogative court caveat day march saint the guardian of a minor be  oblige to exhibit a inventory and account of a administration pendent light  the court of prerogative have as clear a right as the court of chancery to  appoint guardian for a personal estate the guardian appoint by this court  prefer to be confirm in the administration to the guardian appoint by the  court of chancery on grant of administration cum testament dr hay for Sarah  Harris Samuel hellier Esq leave his widow lady coke Winford and Samuel hellier  his son by a former wife who be and be a minor be make a will in his first  wife time and appoint her executrix this will be propound on behalf of the  minor by Sarah Harris his guardian assign for the purpose of carry on the suit  lady Winford oppose the lee will sentence for it on the that December pen the  suit Sarah Huntback the minor grandmother have administration pendent light  and now pray that administration cum testament may be grant to her she be  assign with dr Littleton guardian to the minor in chancery the question now be  whether the say administration cum testament shall be grant to Huntback or to  Sarah Harris who as guardian assign by this court obtain sentence for the will  and she also pray that Huntback may give in a inventory and account of her  administration pendent light when the cause upon the will be ready for hear  Huntback appeal allege herself to be grandmother and one of the guardian of  the minor appoint by the court of chancery and pray that she may intervene for  the minor interest that in July the court reject her petition he have already  a guardian in this court and no collusion or misbehaviour of the guardian be  suggest Harris be pursuant to the minor election appoint guardian in this  court without opposition long before Huntback be appoint by chancery who  likewise together with dr Littleton be appoint guardian there without  opposition on the rd February since the sentence for the will the minor who be  now year old confirm by special proxy his choice of Harris as guardian and  pray that administration cum testament may be grant to her for his use we pray  that Huntbacks petition may be reject and that she may be assign to give in a  inventory and account of her administration pendent light they allege in the  act that she ought not to give in such inventory and account because dr  Littleton her lee coguardian have file a bill in chancery for a discovery of  decease effect against her and she ought not to be oblige to make a discovery  in both court but the party in the court of chancery be different at the time  when sentence be give the proctor for Huntback and Harris pray that  administration cum testament may be grant to their respective client dr  Simpson for Huntback we pray administration cum testament as guardian appoint  in chancery dr Littleton have file a bill in chancery against Huntback for a  discovery of decease effect upon which that court as appear by the order of  which we have exhibit copy have decree to proceed on the that July subsequent  to the date of the proxy that have be mention the minor write a letter to  Huntback in which he say that he have give a proxy to confirm Harris as his  guardian for form sake but that she will have the administration this letter  amount to a revocation of the proxy the court be bind ex duty to grant the  administration to the guardian appoint by the court of chancery because that  court have the general guardianship of all minor dr Littleton do not join in  pray the administration because then he can not proceed in his bill of  discover but he have give a proxy to consult and pray that it may be grant to  Huntback the bill of discovery be in behalf of the minor and therefore she  ought not to give in a inventory and account here for that will put the minor  estate to a double and unnecessary expense lee judgment sir George lee I say  there be two question first whether mrs Huntback shall be oblige to exhibit a  inventory and account of her administration pendent light and second to who  the administration cum testament shall be grant as to the first I say this be  not like the case of a creditor or next of kin who file a bill in chancery and  pray a inventory here there the court will oblige he to make his option which  court he will proceed in because it be unjust that the lee er p executor or  administrator shall be harass in both court by the same person for the same  thing but in this case there be different party in this court and in chancery  it will be a effectual method to oust this court of jurisdiction if I must not  decree a account of the execution of a power grant by I because a three person  have think fit to file a bill in chancery and therefore I be clear of opinion  Huntback ought to be assign to exhibit a inventory and account as to the  second point I be of opinion the administration cum testament ought to be  grant to Harris she be original appoint guardian at the election of the minor  have be guilty of no misbehaviour but have succeed in the suit she have carry  on for he that she be appoint guardian to carry on that suit with all its  dependent and accord pray administration at the time of give sentence and I  think her guardianship be not expire by the sentence but if it be she be elect  again by the minor who be of age to judge that his letter be a extrajudicial  declaration which can not revoke his judicial proxy that I be clear not bind  ex duty to lee grant administration to Huntback account of her be appoint  guardian in chancery for she can not by the practice of the court have it  without be assign guardian here that the court have a right by law to appoint  guardian for personal estate as well as the chancery that Harris be appoint  here long before Huntback be appoint in chancery and it be strange doctrine  that the act of this court legal execute be to be make bull by a subsequent  act of chancery and therefore upon the whole I confirm the guardianship to  Sarah Harris decree administration cum will to her for the use of the minor  during his minority and assign Huntback to exhibit a inventory and a account  of her administration pendent light