coke b read case Trin James in the common plea if a man die intestate and a  stranger take the intestate good and use they or sell they he be executor of  his own wrong the use of the good of the decease by any one or the take of  they into his possession be a good administration to charge he as executor of  his own wrong coke report a er p when a executor be make and he prove the will  or administer if a stranger take any of the good and use and dispose of they  as his own that do not make he executor of his own wrong but if he claim to be  executor pay debt or legacy c and intermeddle as executor he may be charge as  executor of his own wrong although there be another executor of right if a  stranger take good of the testator before the rightful executor have take upon  he or prove the will he may be charge as executor of his own wrong vide the  entry   Ent pi read bring a action of debt against cater executor of young  which plea begin in the common plea hill Elizabeth rot the juror find that the  say young make his testament and last will and make one a his executor and the  day of his death be possess of good above the value of the debt in demand and  die and before the will be prove the defendant take the testator good into his  possession and intermeddle with they and afterward and before the writ  purchase the will be prove and if on this matter the defendant shall be charge  as executor of his own wrong be the question and on great deliberation  judgement be give for the plaintiff and in this case these point be resolve  when a man die intestate and a stranger take the intestate good and use they  or sell they in that case it make he Leon roll Noy Swinb more n bendl and a  executor of his own wrong for although the plead in such case be that he be  never executor nor ever administer as executor and therefore it be object that  he ought to pay debt or legacy or do something as executor yet it be resolve  and well agree that when no one take upon he to be execute nor any have take  letter of administration there the use of the good of the decease by any one  or the take of they into his possession which be the office of a executor or  administrator be a good administration to charge they as executor of their  wrong for those to who the decease be indebt in such case have not any other  against who they can have a action for recovery of their debt when a Swinb b  come out be make and he prove the will or take upon he the charge of the will  and administer in that case coke a if a stranger take any of the good and  claim they for his proper good use and dispose of they as his own good that do  not make he in construction of law a executor of his wrong ibidem c because  there be another executor of right who he may charge and these good which be  in such case take out of his possession after that he have administer be asset  in his hand but Swinb h per light d although there be a executor who  administer yet if the stranger take the good and claim to be executor pay debt  n Benl more and dyer b e and receive debt or pay legacy and intermeddle as  executor there for such express administration as executor he may be latch Noy    a side keb pi cro can hob Cr Elizabeth roll f charge as executor of his own  wrong although there be another executor of right and therewith agree e in the  case at bar when the defendant take the good before the rightful executor have  take upon he or prove the will in this case he may be charge as executor of  his own wrong for the rightful executor shall not be charge but with the good  which come to his hand after he take upon he the charge of the will Swinb roll  g note reader these resolution and the reason of they and by they you will  better understand your book which otherwise seem prima fancy to disagree e b  Edward h a I h b a h b h b h b h h b a h h a h e a coke report b er p h a h b  a Elizabeth dyer dyer pl Anders n Benl Brownl more I Elizabeth   b   a roll  Swinb dyer pl v keb Wentw Inst a dyer and so the qure in nariae roll Ph m dyer  pl b dyer well resolve a single act of wrong in take the personal property of  the decease though sufficient to make the person so take the property a  executor de son tort with respect to creditor who may choose to sue he in that  character yet will not give a creditor of the estate to who such person have  transfer the property in payment of his debt any right to retain it as against  the lawful administrator Hountford v Gibson east for what act shall make a man  executor de son tort and what not Vid Com Dig admonish c c ba ab come out b  Padget v priest TR Edward v Harben TR cottle v aldrick m S Hooper v Sommersett  Wightwick Harrison v Rowley vesey vide note a coulter case ante p b a  construction OF the statute OF JEOFAILS c amendment OF record fine common  recovery c