case landon vers Bessingham in c b if a plea be to a action bring by one as  administrator that a make a executor the defendant ought to traverse that a  die intestate Lutw salk Mod SC holt S c Com dig this be a action of debt by a  administrator the defendant plead in abatement that a make his will which  after administration grant be prove by the executor upon which the plaintiff  demurrer and the question be if the plea be good without the traverse without  hoe that a die intestate sergeant Cheshire here the defendant have confess and  avoid the matter allege and then there be no occasion for the traverse     b  more S c cro Elizabeth S c a Helyars case for the title upon which the  plaintiff rely be that he be administrator but the plea that a make his will  which be prove by the executor destroy his title as administrator if a make a  will he can not die intestate if the will continue in force as it appear to be  otherwise it can not be prove if issue have be join that a die intestate and  the plaintiff have produce his letter of administration and the defendant have  produce comens a will under probate that have be conclusive evidence against  the plaintiff that a do not die intestate and here if that matter have be  traverse nothing further can have be give in evidence to prove the traverse  than what be now plead I grant that it be resolve in Yelv Brownl S c b that a  traverse be necessary in this case but the case there cite be part pro and  part con but it be resolve in this case by the court without any difficulty  that the plaintiff ought to have traverse without hoc that the say a die  intestate for the plea be not a full confession and avoidance of the plaintiff  title without such a traverse for as the plaintiff allege himself to be  administrator of a and the defendant say that a make his will which be prove  this be not a absolute avoidance of the plaintiff title but only by argument  or implication and perhaps the probate be afterward revoke or another will  make of which the plaintiff shall have the advantage upon the issue try and  though the produce the will under probate above p c be conclusive evidence  against the plaintiff who can prove that there be no such will or that it be  forge yet it be but evidence and there be many case where what be sufficient  evidence to prove a thing be not sufficient to be plead above p and the case  there cite d as in trover a demand and refusal be sufficient evidence of a  conversion but will not be sufficient to be plead