ambler d james PIPON Philip PIPON William davis and other plaintiff and  Elizabeth PIPON jane PIPON John hardy and other defendant in chancery June  ante p see in re Orr ewing Ch d hill ms p c Ves John Pipon a native and a  inhabitant of the isle of jersey die intestate July have no child nor father  or mother nor any brother all the plaintiff except Davis be the nephew and  niece of the say John Pipon and the two defendant Eliza and jane be his sister  the intestate at the time of his death have a considerable personal estate in  jersey but have no effect in this kingdom except one debt of pound S old due  by simple contract from Hervey Darrel of London soon after the intestate death  the plaintiff the nephew and niece empower the plaintiff Davis to take out of  the prerogative court of Canterbury administration to the intestate for their  benefit which be accord do and soon after Davis receive the say debt of Darrel  in this manner videlicet S d in specie and the residue by the transfer of  stock soon after this the defendant the sister have notice of the say debt due  from Darrel and of the administration grant to Davis empower the defendant  hardy and he by their order obtain a repeal of the letter of administration  grant to Davis and procure a new administration to be grant to himself as  their attorney Davis a little before the repeal of the administration grant to  he sell the stock the present bill be bring by the nephew and niece to have a  distribution ambler of the intestate effect in this kingdom and particular of  the say pound S d the defendant in their answer insist that by the law on  jersey wherever a intestate leaves sister and no brother but brother child his  personal estate be to be divide among the sister in exclusion of the child of  the decease brother or sister and therefore that the debt must be divide  between the defendant Eliza and jane the intestate sister Lord chancellor I be  of opinion that there be not a sufficient ground for I to decree a account for  the plaintiff I be unwilling to decide the general question in this case which  may admit great variety of consideration and some difficulty too therefore I  choose to determine the case without enter into it if I be to enter into the  general question I shall think that a man personal estate be suppose to follow  his person wherever he be and be distributable accord to the law of that  country where his person be and as to the different jurisdiction relate to  this personal estate in respect to the probate of will or administration they  arise ambler er p from the nature of the remedy that be to be make use of for  the recovery of that estate and therefore to enable a person to sue for any  part of the personal estate he must qualify himself from that which be the  proper jurisdiction of the place where the personal estate lie but that do not  determine the tie to the equitable property or to that property which be  consider in equity or in the canon or ecclesiastical law in distribute the  share of that personal estate and therefore the case which have be put be  right and prove this if a man be a inhabitant of the province of York and die  there leave good both in that province and in the province of Canterbury it be  incumbent on his administrator to take out administration in both province and  yet notwithstanding the whole personal estate will be distributable accord to  the custom of the province of York which show that it be not the jurisdiction  out of which the administration must be take which be necessary to give the  party a right to sue that will govern the right and interest in the  distributable part of that estate then consider the present case it be right  say that jersey must be as much consider a foreign country in respect to the  law of England as if it be not parcel of the crown of England for it be no  part of the kingdom of great Britain but a distinct dominion which the king of  great Britain be ambler entitle to in right of his duchy of Normandy  consequent be govern by the ancient law of Normandy here the case be thus a  man be a inhabitant and die in a foreign country the bulk of his personal  estate be there he happen to have a debt owe to he in England which can be  recover without take administration in England the question be whether that  shall be consider as part of the bulk of his personal estate to be account for  accord to the law of the place where he be resident or whether any person not  resident in England but inhabitant of a foreign country who by the law of that  foreign country have no right to any part but will have a right by the law of  England can come into this court and by reason of the take out administration  here can compel that administrator to account to they for this part of the  personal estate abstract from the residue of that estate if that be the mere  question before I I shall incline to think but I do not mean to give a opinion  to bind I that it can not be do and will be extreme mischievous and great  affect the commerce of these kingdom no foreign merchant will know how to deal  here but at the peril of have his debt here separate from the rest of his  personal estate and distribute accord to the law of this kingdom the bind  require by the act be that the administrator shall account before the judge of  the ecclesiastical court and pay the residue of the testator good chattel and  credit to such person as the say judge or judge shall appoint pursuant to the  statute what be it that be to be distribute it be the rest and residue of the  personal estate after payment of the debt and other just allowance nobody cap  come here for a account of part of the estate but must pray a account of the  whole estate how can this residue be make to appear but by account for the  whole estate and not by a account for a particular at only and therefore on  the word of the statute I shall think there can be such decree as be now pray  and do but consider what work it will make the general administrator be not  before the court how can I decree a account of the whole estate and without it  I can find out the residue and if the general administrator be before the  court I may decree a account but the consequence will be that if the  administrator account here and have such allowance and make such distribution  ambler as be agreeable to the law of England the court of jersey may decree he  to account with different allowance and different distribution but the only  matter now to be determine be whether the present bill be proper bring the  first administration be repeal and a new one grant and as to Davis be a  plaintiff the bill be improper for he be now only a debtor to the estate and  consequent a debtor to the second administrator what have he to do to come to  pray a account to be take he be a debtor to the estate and liable to a action  at law by the administrator who may the next day he recover it carry it into  jersey and account for it there and that will be the right way and be the  common case of all person who be subject of foreign prince and have debt here  Davis be therefore to be lie out of the case and in respect to the other  plaintiff they have nothing to do to come here for a account of the particular  part of the personal estate they have a right to call the general  administrator to a account but no person en title to a share of the residue of  the estate can come into this court for a particular part of that estate  detach from the rest the general administrator ambler er p be not before the  court and therefore I can decree a account the bill must be dismiss with forty  shilling cost only as the cause be hear by consent on bill and answer in  sergeant hill ms the argument of counsel be give at length but as the Lord  chancellor in his judgement enter full into the case the editor do not think  it necessary to transcribe the observation make at the bar see Bowaman v reeve  pre Ch