case WHYTMORE against porter if a person act as a executor de son tort by  consent of the person who afterward become administrator and he administer all  the good which the intestate die possess of a action will not lie against the  executor de son tort cro Elizabeth   a a hob contra I Mod Mod side vent Com  dig Cowp term Rep term Rep Hobart sir William Whitmore and other executor of  lady craven against Elizabeth porter executrix in the exchequer upon a special  verdict the case be this the defendant as executrix de son tort demesne take  diverse good into her hand to the value of four hundred pound and sell they by  the assent and direction of John porter her son who afterward take letter of  administration and pay the just debt upon specialty as far as the good of the  intestate amount to as well to the value of the say four hundred pound sell by  his mother as of all the good whereof the intestate die possess and after that  a action of debt be bring against the feme as executrix de son tort demesne  who plead plene to manage and upon evidence all this matter be disclose the  question be whether she shall be Chargeable or not croak car and it be adjudge  by all the baron who deliver their opinion seriatim that she shall not be  charge but that the plaintiff shall be bar for this action be bring after the  administration commit and when she be Chargeable for those good to the  administrator and when the administrator have full satisfy in pay the debt of  the intestate as far as all the good of the intestate amount to it be not  reason she shall be charge against the plaintiff for then she shall be double  charge videlicet to the administrator and also to the creditor also it be not  reason that more shall be satisfy out of the good of the intestate to the  creditor than the good of the intestate amount to and so much be satisfy by  the administrator they shall not have more but if the action have be bring  against her before the administrator have full administer all in debt  peradventure it may have be otherwise for she have earn good into her hand be  Chargeable for they as executrix de son tort demesne until she give  satisfaction for they to the true administrator or she herself satisfy for the  true debt to the value whereupon it be adjudge for the defendant