after the defendant have be examine on interrogatory pursuant to a order of  court touch a deed suspect to be in his custody which he deny and publication  pass the plaintiff ought not to have a Commission to examine witness in order  to falsify the defendant examination though the master before who the  defendant be examine certify that he think it reasonable the plaintiff shall  have a Commission hill smith and turner will Rep and his lordship say that at  this rate three or four cause may spring out of one and that though there can  be no mischief in examine the party himself yet the examine witness after  publication pass especial where it may relate to the matter in issue be  against the rule of the court and may be great inconvenient and make cause  endless ibidem for more relate to evidence and witness vide title bill l Eq  can Abr p hear and rehear Eq can Abr p cap XXXIX equity case abridge executor  and administrator a a executor be consider as a trustee b concern the probate  of will vide title will Eq can Abr p c in what case and to who Administration  shall be granted Of Administration de good non and of joint Administration c d  of Administration durante those inferior in rank lifetime e what the executor  shall have and not the heir et econt vide title heir Eq can Abr p as well  touch the reality as chattel personal f concern distribution and who be  entitle thereto and in what proportion and when the surplus of the personal  estate belong to the executor and when he be to be a trustee for the next of  kin g what shall be esteem a advancement within the statute pound car can to  be bring into hotchpot h concern the power of a executor I in what case a  executor or a administrator may retain king executor how far favour in equity  l executor and administrator Chargeable in what case m executor in what case  the survivor shall take the whole n where one executor renounce in what case a  executor shall take as such or as a legatee or a devisee p in what order  executor ought to pay debt vide title creditor and debtor Eq can Abr p and  legacy Q what shall be asset r devastavit what a executor be consider as a  trustee