case will versus rich petition march a executor before probate may so far act  as to get in and receive his testator estate or release debt or even bring  action for they the plaintiff Mr will petition that he may continue in  possession of the house late sir Charles will in Grosvenorsquare  notwithstanding a receiver in pursuance of a order of this court have be  approve of by the master to take care of the personal estate of sir Charles  will while the will be controvert in the Commons the principal argument for  the petitioner be his be next of kin and that as sir Robert rich have obtain  no probate of the will that though he be executor he can have no manner of  right it be insist on the other side that though the house be chattel real yet  they be equal include in the order for a receiver upon the personal estate  with any other part and that as sir Robert rich in pursuance of this order  have pay in the bank bill the house ought also to be deliver up by the  petitioner especial as he forcible come into the possession of they by turn  out sir Robert rich who from the death of sir Charles Willis till that time  have the quiet enjoyment of the house Lord chancellor if the dispute be only  who have a right to these house it may perhaps be just for I to order the  possession to be deliver up to sir Robert rich who have it original at the  death of sir Charles Willis for notwithstanding a will be not prove the  executor in the eye of the law be consider as have some authority for even  before probate he may so far act as to get in and receive his testator estate  go off ex vide Phipps v steward ante vol or release debt middleton case   a    a Plowd   Litt b ante vol or even bring action atkins for they though at the  trial indeed the law will oblige he to produce the probate so that a heir at  law or next of kin be very far from be justifiable in forcible turn out a  executor roll ab a Duncomb v walker vent   a   Litt b ante vol Mitchell v  smart post but however as the executor sir Robert rich have apply to this  court I shall make it the condition of my order upon the petitioner to deliver  up possession that he shall do it provide all proceed at law upon the  indictment for a forcible entry be stay if both party in this case have not  bring their bill and submit the matter in dispute to chancery I shall have be  incline to have leave the whole to the discretion of the spiritual court who  in case of controvert will appoint a administrator pendent light to take care  of the estate where a person let he be heir at law or next of kin or any other  man whatever keep possession of the testator real or leasehold estate such a  administrator be entitle to bring ejectment for the recovery of the possession  indeed this do admit of a doubt in court of law for a considerable time but be  now full settle ever since the case of walker versus Wallaston in the court of  king bench p wms the petitioner be allow a month to provide himself with a  lodging before he quit the possession possession decree to be deliver to the  receiver Reg lib b fol