c anonymous Lord chancellor rend Payable to the administrator rend of pound be  due to a he die intestate leave b his administrator b and the tenant come to a  account and the tenant pay b pound and give he a note for pound and b then die  intestate and the sole question be whether the administrator of b or the  administrator de good non of a shall have this rend and it be rule that the  administrator of b shall have it for by take a note for it he have alter the  property if a complete conversion of the property have take place the executor  de good non can not ex way termini have any claim to interfere with it  attorneygeneral v Hooker p wms so as to make it due to he in his own right  unless there have be any debt of the first intestate unpay and then this court  will have make it liable to satisfy those debt unless the first administrator  be the only next of kin the rend must have be subject to the stat of  distribution pound car c duke of Rutland v duchess of Rutland p wms Adair v  shaw Sch and Lef and they seem to be of opinion that if a debt be due to the  intestate and the administrator take a security in his own name although the  first security be not deliver up yet in case the debt be not pay this will be  reckon as asset come to his own hand and will make a devastavit and finch cite  a case adjudge in the house of lord where a executor bring trover for good of  the testator upon a agreement the executor take a bind for the value of the  good afterward the obligor become insolvent and this be adjudge a devastavit  the nature of the action for recovery of the money be change a conversion of  the debt be in this case prove gore v gore Yelv Norden v Levitt lev but he say  that the case differ from this because there the executor have make as it be a  absolute disposal and sale of the good and therefore take a security at his  peril but that differ from this case for notwithstanding this note a action  may be bring upon the lease bull n p a but yet it be adjudge as aforesaid  freeman and it be hold likewise that where a lessee make a express promise to  pay rend or give a note for it that a action out the case will lie upon the  note or the promise roll see Geo c S