coke b prince case mich Elizabeth in the common plea a administrator durante  those inferior in rank tate can sell good unless of necessity for payment of  debt or good to pass away nor can be assent to a legacy unless there be asset  to pay debt such administration cease on the infant attain the age of  seventeen a infant executor under seventeen can assent to a legacy if a infant  executrix under seventeen take husband or full age the administration durante  those inferior in rank tate cease if the metropolitan commit administration  when there be good notam bilia only in one diocese such administration be not  void but voidable but if the ordinary commit administration when there be good  notam bilia in sundry diocese it be void SC cro Elizabeth Anders Leon in  trespass quare enclosed space to break in pieces between John prince plaintiff  and William Simpson defendant the case be such one Jackson be possess of a  term for year have issue James and jane and make his will and make jane his  daughter then of the age of year his executrix and then devise the say term to  James then also within age and die Administration durante those inferior in  rank tate of jane be commit to her mother who take husband James die the  husband take administration of his good and sell the say term jane take  husband and the question be whether the say sale be good or not and in this  case three point be resolve by the justice of the common plea that such a  administrator durante those inferior in rank tate can not   b Swinb a sell any  of the good of the decease unless it be of necessity raym Swinb b for payment  of debt or Swinb c good to pass away for he have his office of administration  pro good suitably of the infant and not for his prejudice also he can march  Swinb d assent to any legacy unless there be asset to pay debt c and general  he can do any thing to the prejudice of   b e the infant for the word of the  letter of administration be administration all singulor will do you much good  ad opus   b f just in sir moil Finchs case post page b a diversity be take  when administration be grant durante those inferior in rank tate in such  special manner as in this case and when such administration be grant in a  general manner for in the first case such administrator can man he lease of  any term vest in the executor but in the other case he may and they shall be  good till the executor attain the age of seventeen twentyone Geo c and ut  semble until he enter a usefulness executor durante svan those inferior in  rank tate non aliter nec elsewhere modus To bring together c such  administration do cease at the infant age of before p a ref ib g as it be  adjudge between piggot and gascoigne hill Elizabeth n the common plea and  there it be also hold that a infant executor before can assent to a legacy c  and when jane within take husband if it have appear that the husband have be  of full age then the administration shall cease in Jones v earl of Strafford p  wms the reporter state that their lordship the Lord chancellor king and Lord  CJ Raymond strong incline against the opinion report by the Lord coke in  prince case which say that where a infant executrix be under and a  administration be grant if such infant executrix marry a husband of age the  administration be determine this opinion their lordship strong incline against  the same not be take notice of in other contemporary report as in and cro  Elizabeth and leo in all which book prince case be report and it be remarkable  that the author of the book entitle the office of executor p mention this  opinion a little marvel thereat consider as he observe that these thing be  manage in the spiritual court and by that law the canon which intermeddle not  with the husband in the wife case and since by that law and not our commonlaw  come in this limitation of seventeen year he add I that he have see that case  otherwise report in this point beside that part of the case be at least a  extrajudicial opinion not necessary to be determine the principal question be  only whether such a special administrator can assign over a term for year  which belong to the testator and resolve he can not which certain be good law  b for she have take a husband who may coke report a er p administer as  executor but it do not appear in the case whether the husband be of full age  or within age and in this case it be say that judgement be give in the king  bench Paschae coke a Elizabeth between veer and   a Jones Davies a a Bulst  Leon roll Rep Cr Elizabeth Swinb Leon hob h Plowd a a jefferies that where one  have good only in a inferior diocese yet the metropolitan of the same province  pretend that he have good notam bilia in diverse diocese commit administration  this administration be not void but voidable by sentence because the  metropolitan have jurisdiction over all the diocese in his province and  therefore it can be void but voidable by sentence but if a Plowd a Leon b  ordinary of a diocese commit administration of good when the party have good  notam bilia in sundry diocese such administration be mere void as well as to  good within his own diocese as elsewhere because he can by no mean have  jurisdiction of the cause and true it be that such judgement be give Vid send  for Blackborough v Davis salk sc  p wms in Smithwick v Bingham more SC Cro  Elizabeth the administration be say to be void in both case in king v Loggen  strange it be say that a probate by the diocesan in the case of good notam  bilia in several diocese be void but in note king v Sutton sand sergeant  William say that Lord Macclesfield in cumber case I p wms hold that a probate  grant by a inferior judge be not void until reverse upon look in into that  case it do not appear that Lord Macclesfield hold any such doctrine but his  lordship observe if this have be a administration grant by the archdeacon or  ordinary where there be good notam bilia in diverse diocese the administration  have be mere void for the administrator receive his right entire from the  administration but the right of the executor be derive from the will and not  from the probate as appear from a executor have power to release or assign any  part of the personal estate before probate and a defendant at law can plead to  any action bring by a executor that the plaintiff have not prove the will  though it be true he may demurrer if the plaintiff do not in his declaration  show the probate it be quite clear therefore he treat the case as be the same  in principle as if no probate have be take out and by administration he mean  the act of administer and not the letter of the ecclesiastical court it have  be repeat say that under the plea of ne unques executor good notam bilia in  diverse diocese may be give in evidence Noell v well I lev SC side anon Com  Rep bull n p which can not be if the probate be good until reverse the dictum  in strange therefore may be consider as good law for as there be no authority  so there be no principle justify a distinction between the improper grant by a  inferior court probate of a will and administration of a intestate effect c  coke report a er p