grant of such administration, the administrator de bonis non becomes the only personal representative of the original deceased, and he is clothed with all the legal rights which belonged to the former executor or administrator in his representative character. If, therefore, a promise has been made to the former administrator, upon which he might have sued as administrator, the right of action thereon devolves upon the administrator de bonis non. (g) So, if a bill of exchange be indorsed generally, but be delivered to an administratrix as administratrix, in payment of a debt due to the intestate, the administrator de bonis non, and not the personal representative of the administratrix, is the proper party to maintain an action upon the bill. (h)

It has been held, however, in an old case, that if an administrator receive part of a debt, being rent in arrear due to the intestate, and take a promissory note payable to himself personally for the residue, this is such an alteration of the property as vests it in the administrator himself, and therefore that, on his death, his own personal representative, and not the administrator de bonis non, is entitled to the note. (i) Consistently with more recent decisions, however, it could now hardly be held that the taking of such a note by a man in his character of administrator, as a further security for a debt due to the estate of the intestate, would be an absolute conversion of the debt to his own use, so as to render him liable for a devastavit, and if not, the note so received would still be assets in his hands, he might sue in his representative capacity upon it, and it would consequently go to the administrator de bonis non, as the personal representative of the original intestate, and not to his own executor or administrator. (k) If, however, the administrator should take a bond or other obligation under seal, payable to himself personally, this would be an absolute conversion to his own use of the property, and his own personal representative, and not the administrator de bonis non, must bring the action upon such new security. If, for example, an executor takes a bond in his own name for a debt due by simple contract to the testator, thereby extinguishing the old right, and creating a new debt of a higher nature to himself personally, this amounts to a devastavit, and shall charge him at once as if he had actually received the money. (7) He can no longer sue for the debt in his representative capacity, and it no longer remains assets in his hands. If,

(g) Hirst v. Smith, 7 T. R. 182.

(h) Catherwood v. Chaband, 2 D. & R. 271; 1 B. & C. 150.

(i) Barker v. Talcot, 1 Vern. 474.

(k) Catherwood v. Chaband, 2 D. & R. 271. (1) Norden v. Levit, 2 Lev. 189.

therefore, he dies intestate, the administrator de bonis non can take no interest in it, and can maintain no action for its recovery. (m)

Where an administrator, being possessed of a term for ninety-nine years in his representative capacity, made an underlease reserving rent to himself individually, which the underlessee covenanted to pay to him, his executors, &c.; it was held, that the executor of the administrator, and not the administrator de bonis non was the proper party to maintain an action upon the covenant. (n)

In an action brought to recover a sum of money, being the interest of a debt due to a deceased testator, the plaintiff declared as administrator with the will annexed of the goods left unadministered by K., the executor, who was alleged to have proved the will by his attorney, to whom administration with the will annexed was granted, for the benfit of K., which K., since deceased, left H. his executor; whereupon, administration with the will annexed was granted to the plaintiff, for the benefit of H., and that the defendants were indebted to the plaintiff, as administrator of the original testator, for interest for money owing from the defendant to the plaintiff, as administrator as aforesaid, and that the defendant promised the plaintiff, as such administrator, to pay him the amount; and it was held, that the original grant of administration to K.'s attorney was at an end on the death of K., and that the second grant to the plaintiff, consequently, was good, and that he was entitled to recover the interest. (0)

When administration has been granted to two persons, and one dies, the survivor will be sole administrator; (p) and as the administrator has no interest or right of representation but what he derives from the act of the ordinary, he can in no case continue the trust reposed in him to his own.

executor.

Feme covert executrix.-If a feme executrix marrics, and the husband and wife bring a joint action of debt upon an obligation in right of the wife as executrix, and recover judgment, and immediately afterwards the wife dies, the husband cannot, as previously mentioned, sue out execution. thereon, (q) but the succeeding executor, or the administrator de bonis non, as the party entitled to the money, must commence a new action, (r) unless the judgment be after verdict, in which case, by statute 17 Car. 2, c. 28, the administrator de bonis non may sue out a scire facias, and take execu