case harris v pollard et all sir Joseph Jekyll master of the roll Eq can ab pl  RevivorIf the defendant time for answer be out the court will order proceed to  be revive so though the defendant by his answer insist that the plaintiff be  not entitle to revive for this ought to be show either by plea or demurrer but  if in such case it appear at the hear that the plaintiff have no title to  revive he can have a decree upon a bill of revivor one of the defendant by his  answer insist that the plaintiff be not entitle to revive but this be insist  on by the answer only and not by peer William er p way of plea or demurrer  upon my move at the roll that proceed may stand revive his honour grant the  motion have at the same time speak with the register touch the practice though  apprehend that the practice of revive proceed be only upon the defendant time  for answer be out or upon the defendant answer and not oppose the revivor  however his honour when he grant my motion say the plaintiff ought to show he  have a good title to revive otherwise at the hear of the cause he may happen  to take nothing by the suit Humphreys v Humphreys peer William er report date  peer William case Orlando Humphreys Esq and Helen his wife v sir William  Humphreys Bart Lord chancellor Talbot Eq can ab pl pl party in a bill for a  account of the personal estate of I though the person who have a right to  administer to I S be a party yet this be not sufficient without administration  actual take out the bill be bring by the plaintiff Orlando Humphreys and Helen  his wife against his father sir William Humphreys Bart for a account of the  personal estate of colonel Lancashire decease colonel Lancashire by his will  give pound to his wife Helen also pound to his daughter and only child Helen  and after some other legacy dispose of the surplus of his personal estate in  manner follow one three to his wife the remain two three to his daughter and  make his wife and his brother Lancashire executor of his will and die the  defendant sir William Humphreys marry the widow of colonel Lancashire and some  time after the plaintiff Orlando Humphreys marry Helen his only daughter upon  which intermarriage the defendant sir William make a ample settlement upon his  son the plaintiff Orlando Humphrey and Helen his wife but afterward the  plaintiff fall out with his father bring this bill against he for a account of  the personal estate of colonel Lancashire at the time of bring which bill  Helen the widow of colonel Lancashire and afterward the wife of the defendant  sir William be dead and the brother of colonel Lancashire be dead also so that  there be no executor or peer William administrator of colonel Lancashire party  to the bill for which reason the defendant demurrer to such part of the bill  as demand a account of the personal estate of colonel Lancashire which  demurrer come on to be argue before the Lord chancellor it be insist that the  plaintiff Helen wife of the plaintiff Orlando Humphreys as she have a right to  administer to her father colonel Lancashire and in regard though any other  person shall by surprise get administration to he yet such person will be a  trustee only for the plaintiff Helen the daughter and as the plaintiff Helen  the daughter who have the only right to the administration be a plaintiff  before the court this be sufficient and the court may order that the plaintiff  Helen shall forthwith take out administration to her father Lord chancellor  there can be no account take of the personal estate of colonel Lancashire  without make his executor or administrator a party to the bill for aught  appear to the contrary there may be debt due from colonel Lancashire which may  take up great part of the asset and therefore the administrator of the colonel  must be make a party else no proper account can be take plunket v Penson atk  Conway v Stroud Freem low v farlie mad and if any account shall in fact be  take it may be all overhaled again when such administration shall be take out  therefore allow the demurrer Reg lib a fol peer William afterward to help this  defect the plaintiff Helen the wife of the plaintiff Orlando Humphreys take  out letter of administration to her father and charge the same by way of  amendment to the bill have obtain a order for such amendment to which amend  bill the defendant plead as to that part thereof which pray a account of the  personal estate of colonel Lancashire that the take administration be  subsequent in time to the original bill and therefore it ought to be charge  peer William er p by way of a supplemental not a amend bill and the rather  forasmuch as every amendment though make after fill the original bill be fix  to and become part thereof so that the bill be file by a administratix as such  and yet will appear to be file before the administration take out and  consequent before the right to sue commence but the Lord chancellor with great  clearness and not without some warmth in respect of the delay overrule the  plea Reg lib a fol observe that the mere right to have a account of the  personal estate be in the plaintiff Helen the daughter as she be the next of  kin to or father colonel Lancashire and it be sufficient that she have now  take out letter of administration which when grant relate to the time of the  death of the intestate like the case where a executor before his prove the  will bring a bill yet his subsequent prove the will make such bill a good one  though the probate be after the fill thereof peer William wherefore his  lordship resend this plea as a affect delay and hold that the take out letter  of administration may be charge either by way of supplement or amendment say  vide contra brown v Higden atk Pilkington v Wignall mad usborne v baker mad  say vide knight v matthews mad see the case of Cleland v Cleland precedent in  chancery where a objection of this kind be overrule and the make the wife a  party who have possess herself of her husband personal estate and dispose of  it and who appear to be the person by law entitle to administration though she  deny by her answer that she have take administration be hold sufficient