ambler case burn and his wife appellant coal alias smear over respondent  privycouncil that April one die intestate have personal property in England  and abroad distribution must be accord to the law of that country where he be  resident when he die see Pipon v Pipon ante hill ms on appeal from the  sentence of the court of ordinary in Jamaica and hear ex part the respondent  not appear Jacob Allin have two legitimate child videlicet Sarah Whitcomb and  the wife of the appellant and be in Jamaica make his will of the saint of may  and after give several legacy and annuity and inter alian pound ayear to the  respondent for life by the description of Julia the daughter of mary coal  former mary for Archould declare at the same time that it be more than she  deserve from the pride insolence and ingratitude with which she have treat he  give the residue of his real and personal estate unto his daughter whether the  appellant wife for life with remainder to the heir of her body with remainder  over and make John pool executor soon afterward Jacob Allin come to England  where he reside till his death in in June the will be prove in Jamaica and in  July administration with the will annex be grant by the judge of probate in  Jamaica to the appellant and the widow of the testator during the absence of  pool afterward pool renounce and the widow decline to act administration be  grant to the appellant the respondent set up a latter will of that April which  be make in England and have obtain probate thereof from the prerogative court  of Canterbury and a exemplification under the seal of the same court apply to  the judge of probate in Jamaica to get a repeal of the administration which  have be grant to the appellant she succeed and obtain administration to  herself the sentence be appeal from the respondent make default the appeal  come on to be hear ex part ambler Lord chief justice Mansfield after have take  time to consider of it deliver the opinion of the lord that the sentence shall  be affirm which he say go upon this foundation that Jacob Allin be resident  and die in England and have asset here and administration of his will have be  grant by the prerogative court here whenever that be the case and the  residence of the party in England be not mere as a visitor the judge of  probate in the plantation be bind by the administration here and ought to  grant it to the same person that it will be very mischievous if it be  otherwise there will be great litigation different sentence and great  confusion in Pipon v Pipon ante p post p in chancery Trin the distribution of  intestate effect be hold to be accord to the law of the country where the  intestate reside and die his lordship cite two case upon this question which  come on before the privycouncil brown v Phillips in December one die intestate  in England administration grant in England to a a creditor the attorney of a  apply in Jamaica for administration but refuse and upon a appeal to the king  in Council which be hear ex part the sentence be affirm because as none of the  kin apply it be discretionary in the judge to grant administration to a  creditor William v in reside and die intestate in England administration in  England be grant to his widow in Jamaica to his sister and their husband  application by the widow to the judge in Jamaica for administration and refuse  on appeal to the king in council the sentence be reverse Lord chief justice  lee who then attend in Council give his reason that the plantation be within  the diocese of London be subordinate to the prerogative court of Canterbury  and therefore bind by the probate of that court but Lord Mansfield declare  himself dissatisfy with that reason for the plantation be consider as within  the diocese of London for some purpose only and not in every respect or point  of jurisdiction he say the better and more substantial reason for such a  determination be the residency see Atkins v smith atk where it be say by Lord  Hardwicke that administration take out here will not extend to the colony but  if a executor send out a exemplification of the probate to the colony the  person who be employ ambler er p as the agent there by the executor may by  letter of attorney from he collect in the effect of the testator and he be  Chargeable as much as if the executor have get they in himself Administration  grant in to foreign court be not take n notice of in the court in this country  Tomlin v flower p W see pike v hoar post