case lord grandison against countess OF dover a administration durante those  inferior in rank lifetime grant to the greatgrandmother of the intestate ought  not to be repeal on the application of the grandfather mere because he be near  of kin for this kind of administration be not within the statute Henry c S SC  skin vent side Brownl hob Mod stram Com dig fitzg andr Bac Abr rich on will  Peer wms Cowp prohibition the case be Charles Heveningham die intestate leave  a only sister Abigail then a infant the countess of Dover who be her  greatgrandmother come into the prerogative court and pray to be assign her  guardian ex duty which be grant and thereupon she obtain administration  durante those inferior in rank lifetime afterward my Lord Grandison bring a  prohibition suggest that the court have grant administration upon a surprise  and be grandfather to the child and so near of kindred pray that  administration may be commit to he the lady reply that it be obtain after  great deliberation and without any surprise and upon this a demurrer the  question be whether this administration be well grant to the lady it be argue  now by dr master for the plaintiff and afterward by a commonlawyer on the same  side in Hilary term follow and by dr reins and sir William William for the  defendant the civilian argue that the father of both the child die intestate  and that their mother administer and afterward modern make a will of which she  appoint my lord to be executor and thereby commit the infant to his custody  which be in fact true the curatorship of the live child by the civil law draw  to it the administration of the estate of the dead child the statute car c S  empower the father by deed or will to dispose the custody of his child under  age to any in possession or remainder who may take the profit of his land and  possess himself of the say infant personal estate and bring action in relation  thereunto as a guardian in socage may have do and wherever a father or mother  Qure of the mother note to former edition a have make such a disposition a  judge can assign a guardian the spiritual court have power to repeal this  administration grant to my lady Dover the right be not in question for whoever  have it reap no advantage because it be for the benefit of the infant the  contest be who ought to be admit by the spiritual court to administer it can  be deny but that the greatgrandmother be a degree more remote than the  grandfather if therefore that court have entrust one who ought not to have  administration they have a undoubted power in such case to make a alteration  if my lord have be administrator it have be agreeable to the commonlaw for he  be guardian in socage durante those inferior in rank lifetime e contra it be  say that my lord be real indebt to the estate of the infant intestate and  therefore as this case be the spiritual court ought not to repeal the  administration once grant for it be for the benefit of the infant it be not  material who shall be administrator for he who be so durante those inferior in  rank lifetime have no power over the estate he be only a curator in the civil  law which be in the nature of a bailiff in our law who have only power to sell  good to pass away probate of will do not original belong to the spiritual  court de jure they have that authority per general consensus modern er p king  et great man and as those court have not original jurisdiction in such case so  they have no power to grant administration till enable by the statute of  Edward e two for before that time the king of England by their proper officer  to use hegoat good without a will in manus urge   Bac Abr b modern it be plain  that the ordinary have no power by the commonlaw over a intestate estate for  he can not maintain a action to recover any part of it now if the law have  give he a power over the good it will likewise have give he a authority or  remedy to recover they a action will have lie against he at the commonlaw and  by the statute of Edward c which be make in affirmance thereof if he have  possess himself of such good and refuse to pay the debt then since he have no  original power in this case and this be a special kind of administration when  he have once execute that power he shall not repeal it and the court incline  to that opinion the administration durante those inferior in rank tate be  grant to lady Dover a suit be institute in the spiritual court by Lord  Grandison pray that these letter of administration may be repeal and  administration grant to he as be near of kin to the intestate lady Dover apply  for a prohibition which be grant and Lord Grandison in order to obtain a  consultation declare to which declaration lady Dover demurrer the court on the  first argument incline that the prohibition shall stand but they take time to  consider and after hear a second argument be of the same opinion but it do not  appear that any judgement be give S c skin a vide   Henslows case michaelmas  term the thirtyfifth of Charles the second in the king bench sir George  jefferies Knt chief justice sir Francis Wythens Knt sir Richard Holloway Knt  sir Thomas Walcot Knt justice sir Robert sawyer Knt attorneygeneral Heneage  finch Esq solicitor general