Abraham and Cunningham mich car two rot executor in ejectment special verdict  find sir d c possess of a term who make another sir d c his executor and the  executor make another c d and hay his executor after which c d die and  Bradborn take administration to the first testator and assign to Lovelace the  lessor of the plaintiff after which hay come into court and renounce his  executorship after which Bradborn be cite and his administration revoke and  new administration commit to the defendant of the first testator sander for  the plaintiff admit that administration be void if there be a executor as pi  Com but here the case be only that a will be conceal administration be commit  and upon notice of it the executor before probate come in and renounce on  death of the executor the first testator die intestate especial if Hays have  immediate after renounce and pi Com Gresbrooks but Edward administration be  good until the will be prove at least if there be no will ever prove and the  reason of avoid the administration ab beginning be by the statute h cap  because there can be both executor and administrator therefore the testator  will shall stand but here be no executor in Dunmore and clerk case   though a  will be make yet administration without the witness fastening be good until a  executor appear or the will be prove and there be nothing can restrain the  administration but the executor prove the will for the inconvenience will be  great if after seven year administration by the principal creditor and payment  by he of the rest and the executor refusal that a stranger shall come in to  avoid this administration for by this mean for fear of future executor no debt  will be pay reference to standard be fashioning law make for equity only and  by the refusal the executor be ab beginning no executor the administration  shall not be avoid ab beginning dyer Isteds case until let he be no full  executor and the executor of Hays after refusal can be say executor to the  first testator also a Keble executor of his own wrong possess of a term be  liable to execution of the creditor notwithstanding a rightful one name a  strong a administrator and the administrator be liable to the suit of the  executor but not the creditor that recover and have execution of the term so  neither shall the assignee of the administrator be liable unless there be a  executor that prove the will levins for the defendant the single question be  if the administration be ever good or sale of term by he there be then a  executor in be its agree that the executor of the executor be the executor of  the first testator and therefore the administration commit by the ordinary be  void as   Hensloes case whither power or interest which its plain be derive  from the king and can dispose only of good in possession but can not sue nor  be sue which be remedy by Edward W cap which make the ordinary liable and e  cap enable the ordinary to make a administrator that may have debt but the  ordinary at this day can sue for the debt and while there be a executor in be  the ordinary have no power to commit administration as Trin h without citation  especial and h cap put all out of question that when executor refuse then the  ordinary shall commit administration but if there be a executor in be he have  no power and as to the interest of the executor its impossible for the good be  Keble er p all immediate vest in the executor and albeit be can sue before  probate yet   Middlelons case be may release before and without ever go to the  ordinary and the executor sale be good against any administrator commit by the  ordinary and h rule this case that albeit the executor never prove the will  yet the administrator can have nothing by the executor after refusal but he  ought not to be admit to refuse after intermeddle but yet this do not defeat  his interest ab beginning and this after renunciation can make the  administration which be void good as     butler and baker case on the like  statute the power be not pursue at the time when execute shall not be make  good by relation so h it shall relate for recovery and punishment of trespass  from time of the testator but not to all purpose for if after release  administration be commit it shall not relate and bad the will be prove there  will be the same inconvenience and here the term be not to commence until and  the administration be commit to Bradborn seven year before the term begin  which he sell to Lovelace in fact after administration Keble take by the  defendant to the executor of the executor that shall have be to the first  testator want of notice will excuse the ordinary but not enable the  administrator and by Mr attorney Jones for the defendant the executor may have  act and it will be great confusion to have power in both on foot together also  the relation of the administration will not make good a grant of a term before  and have not the will be conceal the renunciation will have be bad precedent  to the administration and its the same where conceal Twisden justice the  renunciation can give authority to he that bad none and he be executor of his  own wrong of the term which though doubt in porter case yet bath of latter  time be hold he may by occupation and relation shall not give the  administrator power that have none at commonlaw and the testator die intestate  only from the time of the renunciation and in car I adjudge that if there be a  will though start up many year after administration its void without more  whither executor administer or renounce which the court agree and though  administration may be commit pendent light of the will yet that be only to  preserve perishable good not to grant any term but wile absent adjornatur