case FOTHERBYS case if the ordinary after he have grant letter of  administration libel the administrator to make distribution of the intestate  effect to his child or kindred a prohibition shall go post hetley Allen   b  palm march post hob lev side Carth ray Mod peer will strange Com dig Com dig  prohibition by Fotherby administrator of Fotherby for sue in the  ecclesiastical court against he as administrator to make distribution of some  part of the personal estate to the sister and heir of the intestate surmise  that by the law of the land the administration be commit to the intestate wife  the ordinary have no authority to intermeddle with make distribution of the  good of the intestate to the child or kindred sergeant henden and sergeant  finch strong urge that such prohibition be not Allowable for when one die  intestate the usual course have be for the ordinary after all debt pay to give  order for the distribution of one part of the good to the wife and another  part to the child and if he have not any child then to his kindred but Hutton  justice S lid it be not reasonable nor stand with law that the ordinary shall  assume such a power for by the statute of Edward c the ordinary be compellable  to commit administration a and the administrator be only Chargeable and the  ordinary have no more to meddle with it and it will be mischievous if the  ordinary shall compel he to make distribution for peradventure he may be  Chargeable with action of debt unknown after good account also the  administrator by the administration of the good commit to he have a absolute  interest in they with which the ordinary have not to meddle and although at  the b and Leon Mod Yelv vent Lut sand Carth a dyer   Ent b James roll a by  mandamus strange croak car er p civil law the administrator be Accountable as  servant to the ordinary and may be discharge by he and a repeal may have be of  the letter of administration at the ordinarys pleasure yet at this day  especial after the statute of croak car Henry c the Administration be duly  commit by the ordinary can now be repeal and if there be a suit to have it  appeal a prohibition lie and diverse prohibition in such case have be grant as  to the case in question he say he know when he be at the bar and since he come  to the bench that diverse prohibition have be grant where the administrator  wassued to make distribution as in clerk case and mich James roll jane swift  administratrix of Hugh swift she be bind in a obligation of two hundred pound  to the ordinary to make true administration exhibit a true inventory make a  perfect account and to distribute the surplusage after all debt and legacy pay  at the appointment of the ordinary and be sue before dr seaman commissary to  the bishop of Gloucester to make distribution move for a prohibition which be  grant upon good advice by award of the court so hereupon a prohibition be  likewise grant in Trin James Hobart Warberton winch and Hutton resolve in the  case of tooker v loan a that a prohibition shall be grant to the delegate in a  appeal of such sentence from the ordinary for adjudge to make distribution b  and Hilary James roll for Watts