Blackborough vers davies refer to in re goodman trust Ch d apply in the good  of Belham lt S C salk near verbatim p wms more at large Mod Administartion  commit to a wrong person be not for thst cause void but only Lord Raymond er p  voidable S C Com and a mandamus be not grantable to compel the commission of  it to the right person until he have institute a suit in the spiritual court  for the repeal of the former commission S C Com a grandmother be near of kin  to her grandson than a aunt to her nephew Dawbeney Bentley be possess of a  considerable personal estate die intestate leave his grandmother and a aunt  his next of kindred the spiritual court grant administration to the  grandmother upon which a motion be make for a mandamus to be direct to the say  spiritual court to command they to grant administration to the aunt as more  near of kindred than the grandmother and this case be several time stir at the  bar by Mr Broderick and sergeant Darnall for the mandamus and by sir  Bartholomew shower and Mr Cheshire e contra and it be argue for the mandamus  that the aunt be more near of kindred than the grandmother and therefore the  spiritual court have no authority to grant administration to the grandmother  be contrary to the statute of h c S that the ordinary have grant  administration wrongful he ought to rectify it that this can not have be  question before Edward c because until the say time the administrator be but a  servant of the ordinary but now by the say statute the ordinary be oblige to  commit administration to the near and most lawful friend of the decease the h  c give he election to such of the near in equal degree as he will but if the  near of kindred at the time of the death of the intestate be disable by  attainder c and afterward the say disability be remove the ordinary ought to  grant administration to he but if he have grant administration before pen the  disability it be make a question in side Offley v best if the administration  ought not to be repeal before it be grant in the say case to such next of kin  because a interest be vest but the difference be where administration be  commit to the next of kin and where to a stranger in the latter ease a new  administration ought to be grant without repeal of the former and the very act  of the new grant will be a repeal Anders owe cro Elizabeth because the  ordinary have never well execute his authority and therefore though in packman  case   b it be do upon citation yet it do not follow that it may not have be  do without it of which opinion be Popham cro Elizabeth and if the ordinary  ought to do it without citation the king bench will grant a mandamus to  command he to do it and the rather since he have proceed contrary to the  statute beside that the mandamus do not confine he to do it in any particular  manner therefore they may do Lord Raymond it by citation if that he more  proper far administration may be grant in vacation time before application can  be make here for a mandamus but after great consideration a mandamus be deny  by the whole court and per holt chief justice in vacation time one may resort  to the chancery and upon suggestion that the spiritual court proceed to grant  administration to a wrong person may have a prohibition issue from thence  returnable in the king S bench or common plea the authority cite be ground  upon a reason that be not law at this day for now the administrator be not a  servant to the ordinary but have a fix interest as well as a executor who be  appoint by the party himself though the ordinary be not restrain by the  statute h c to grant administration to the next of kin yet he be not so far  restrain as to make a nullity of the administration if it be commit contrary  to the direction of the Act for if it be void all disposition of the good of  the intestate pen the administration and before it be repeal will be void and  after it be repeal the second administrator may have trover for the good which  can be if administration be commit to a creditor and afterward repeal at the  suit of the next of kin the creditor shall retain against the rightful  administrator and all a disposition of the good c pen the citation shall be  good and it be not like the case of a grant of administration by the bishop of  a inferior diocese where the intestate have good notabilia in to visit diocese  for b there such administration be absolute void but here there must be a  citation to repeal the letter of administration it will be a good return to a  mandamus that administration be already commit and there be not any lie to  hang he say that he will not say that he will grant a mandamus if there be a  citation a r send for   b cro et pl more pl vide t r b r send for more pl d  send for   a Lord Raymond er p depend but doubtless before that the motion be  too soon make in the case of sir George Sandys administration be grant to the  brother and he continue administrator for some time then one pretend to be the  wife of the intestate and commence a suit in the spiritual court to repeal the  administration commit to the brother because it ought to be commit to the wife  and the brother move in the king bench for a prohibition because the ordinary  have power to c grant administration either to the wife or to the next of kin  and it be hold that he shall not repeal the administration commit to the  brother because the ordinary have execute his authority there be a case  between Duncomb and mason where a feme covert die intestate leave debt due to  her which the law will not give to her husband and administration be grant to  her next of kin and the husband sue in the spiritual court to repeal that  administration and a prohibition be grant and a declaration make upon it and  the question be whether the husband can repeal that Lord Raymond  administration and it be hold that he a can but against that the case of sir  George Sandys be cite but it be hold that it do not affect the say case  because the husband have a original right by Edward c and be not within h c  and the ordinary have no election in the case of the husband this case be in  the common plea in the time of Bridgman chief justice they hold that the  grandmother be as near as the aunt for in this case in descent of land it will  be a mediate descent and the same medium to both videlicet the father it be  enough to say frater b et haeres or sister et haeres which be the grand reason  in the case of Collingwood v pace vent side lev and the grandmother seem to  have the advantage because she be of the right line the aunt of the collateral  line and for these reason the mandamus be deny and sir Bartholomew shower cite  a case between Burton and sharp the last Trinity term where a administration  be sue to be grant to the great grandmother and the aunt move for a  prohibition in the common plea to stay the suit in the spiritual court and it  be deny c vide h c S a vide Com administrator b d Edward vol p car c S atk b d  send for Bl Com   Litt a that Edward n