case parten and BASEDENS case if a person name in a will executor before  probate possess himself of the good of the testator pay a debt convert the  residue and then refuse to take out a probate a administration grant to the  widow on this refusal be void for he continue a executor de son tort and be  liable in debt to the creditor of the decease Mod Vaugh Mod Peer wms Peer wms  term Rep parten bring a action of debt in this court against the testator of  Baseden the now defendant and have judgement after who death there be a  devastavit return against the defendant Baseden his executor he appear to it  and plead and a special verdict be find to this erect the defendant Baseden be  make executor by his will and dwell in the same house in which the testator  live and die and before probate of the will he possess himself of the good of  the testator prize they inventory they and sell part of they and pay a debt  and convert the value of the residue to his own use afterward before the  ordinary he refuse and upon his refusal administration be commit to the widow  of the decease the question be whether or no the defendant shall be charge to  the value of the whole personal estate or only for as much as he convert  barrel sergeant argue that he ought to be charge for the whole because first  he be make executor by the will and he be thereti complete executor before  probate to all intent but bring of action second he have possession of the  good and be Chargeable in respect of that three he cause some to be sell and  pay a debt which be a sufficient administration there be find to discharge he  first his refusal before the ordinary but that be after he have so far  intermeddle avail nothing Hensloes case   a executor die son tort he confess  shall not be charge for more than he convert and shall discharge himself by  deliver over the rest to the rightful executor but the case be modern  different of a rightful executor that have take upon he the burden of a will  the second thing find to discharge he be the grant of administration to  another but that be void because he be a rightful executor that have  administer in which case the ordinary modern er p have no power to grant  administration hob Keble vosbaston the three thing find to discharge he be the  delivery of the good over to the administrator but that will not avail he for  himself become responsible by his have possession and he can discharge himself  by deliver the good over to a stranger that have nothing to do with they I it  be object that by this mean two person will be Chargeable in respect of the  same good I answer that payment by either discharge both cro car Whitmore v  potter the court be of opinion that the commit of administration in this case  be a mere void act a great inconvenience will ensue if man be allow to  administer as far as they will themselves and then to set up a beggarly  administrator they will pay themselves their own debt and deliver the residue  of the estate to one that be worth nothing and cheat the rest of the creditor  if a administrator bring a action it be a good plea to say that the executor  make by the will have administer accord judgement be give for the plaintiff