case cumber case Lord Macclesfield a executor bring a cognizant fa to revive a  decree must show he have prove the will and there be good notabilia in diverse  diocese if he show proof of the will in the spiritual court of one of the  ordinary this be not good but in such case the proof must be in the court of  the archbishop the plaintiff bring a cognizant fa to revive a old decree  obtain against the defendant by the plaintiff testator about year since peer  William the defendant plead in bar to the cognizant fa that the plaintiff  testator after he have recover this decree live year in the same town with the  defendant and never ask he for the money but on the contrary tell he that he  shall never be trouble for it and that he acquit he thereof without suggest  any deed or write for that purpose also the defendant far plead that the  plaintiff in the original cause who appear by the cognizant fa to be since  dead die possess of good notabilia in two diocese within the province of  Canterbury videlicet in those of Chichester and London and that the executor  have prove this will only in the archdeaconry of Surrey such probate be void  and that therefore he ought not to be admit to sue it be argue for the plea  that though a executor may release before probate   light b yet he can not sue  and that the court of law or equity take no judicial notice of any executor  until he have prove the will vide ante the case of Humphreys v Ingledon for  which reason if a executor shall die before probate leave a executor t  executor will not be so to the first testator but a administration must be  grant de good non c whereas if the first executor have prove the will then his  executor will have represent the first testator and that if the will be not  duly prove now in all likelihood it never will for this be a cognizant fa to  have a execution of a decree here be to be no bill but after revive the suit  the common process will issue for the execution of the decree Lord chancellor  if this have be a administration grant by the archdeacon or ordinary where  there be good notabilia peer William 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 mask l 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 however let not the plaintiff in this cognizant fa proceed  any far in his suit without show the defendant a sufficient probate of the  will and without the far leave of the court in respect of the staleness of the  demand