case HETHEL against edward stanhope Hilary term Elizabeth roll if a person  intermeddle with good of which a gift have be make by covin in the lifetime of  the testator he shall he consider as executor de son tort although ante  administration have be grant to he Owen yely cro James and more Leon   ld raym  wood con pale yellow use term Rep Scirefacias against he as executor of  Francis Vaughan upon a judgement give against the testator of he plead payment  of debt due to the queen and hesides that he have riensin say mains and  thereupon they be at issue whether he have asset and it be find by special  verdict that the testator be possess of diverse good to the value of and by  covin to defraud his creditor make a gift of his good to his daughter with a  condition upon payment of S that it shall he void and die the defendant  intermeddle with the good and afterward the daughter by this gift take the  good and after that administration of the good of Francis Vaughan be commit to  the defendant and whether upon this matter he shall he charge as executor and  that these good shall he asset in his hand be the question and after argument  it be adjudge for the plaintiff for first when he meddle with the intestate  good although he be neither executor nor administrator and afterward  administration be commit unto he a creditor have election to charge a ante   b  Carth Mod salk croak Elizabeth er p he as executor or administrator especial  here when he plead as executor the find by the jury that he be administrator  be to no purpose Edward pl r et pl Henry pl second all the court hold that  this gift of the good be in itself fraudulent as appear by the condition and  the covin be express find by the jury and then it be utter void against the  creditor by the Elizabeth c and the intestate die possess of they and when the  donee afterward take they it be a trespass against the administrator for which  he have his remedy and they be always asset in his hand but if a trespasser  take good be from a testator in his lifetime so as they never be but a croak  Elizabeth choose in action to the executor or administrator they be not asset  until they be recover wherefore notwithstanding this take of they by the donee  yet they always remain as asset in the hand of the administrator and therefore  he be Chargeable for they as executor de son tort by his intermeddle with they  before administration commit and the good by law remain always in his  possession wherefore it be adjudge for the plaintiff