case bower and his wife against cook executrix c in debt on bind against the  defendant as executor a plea that the obligor die intestate and that  administration be commit to the defendant c be good without traverse his have  intermeddle as executor S C post SC salk SC Carth SC Mod SC holt debt against  the defendant as executrix c she plead that her husband die intestate and that  the archbishop of Canterbury commit administration to her modern er p pron   interrog  pretense the say defendant administer to the good and chattel of  John cook her husband unde petit judgment c more Bac Abr a and upon demurrer  to this plea the question be whether she shall not have traverse that she be  executrix or ever administer as executrix if the plaintiff in this case have  reply that she administer de son tort and the defendant have demurrer  judgement shall be give against he because by the demurrer it be confess that  she be a wrongful administrator and therefore by her intermeddle with the good  a advantage be give to the creditor to sue her either as executrix or  administratrix though in truth she be neither at that time but administration  be commit to her afterward now a wrongful administration shall never be intend  unless the party acknowledge the intermeddle with the estate modern it be true  in the case of Bradbury v reynell cro car Godd b the defendant plea go a  little far that be a action of debt bring against a executor he confess that  some of the intestate good come to his hand and that afterward administration  be commit to another to who he deliver the say good now in such case he may be  sue as executor de son tort because he have once charge himself to the  plaintiff action and therefore shall not be discharge by matter ex post facto  see paget v priest term Rep Edward v Harben term Rep c the like exception be  take to the like plea in the common plea Mod d and judgement be give for the  plaintiff not because the plea be ill nor for the reason now allege but  because it be a plea in abatement and conclude in bar afterward it be adjudge  in the principal case that the plea be good and that the defendant need not  traverse that she be executrix or ever administer as executrix