case LEVANNES case after the ordinary have grant administration of a intestate  effect be can intermeddle to compel distribution of the surplusage vide ante  more hob carter lev Jones palm Allen Com dig Com dig Samuel Levanne  administrator of mary Levanne his sister be sue in the spiritual court in  London before the ordinary to make distribution of the good of the intestate  pretend all the debt of the intestate and all legacy be discharge and a great  surplus remain which be disposable at the pleasure of the ordinary and to be  divide among the friend of the intestate bank the prince attorney for this  cause move for a prohibition for by the Edward c and Henry c administration be  appoint to be commit to the near and faithful friend which be commit the  ordinary have no authority to meddle with he to make distribution for be be a  executor to sue and to be sue and to dispose of the good of the intestate as  free as a executor may where there be a testament and it will be a  inconvenience to compel he to make distribution for if afterward other debt  shall be discover or if he be sue for breach of covenant the administrator  shall be compel to answer of his own good and therefore it be reason he shall  keep the intestate good to save himself harmless against such suit Germin for  the plaintiff in the spiritual court move that no prohibition shall be grant  for it be reason when there be surplus croak car it be aver that all legacy  and debt be satisfy that the administrator shall not retain they to his own  use but that they shall be distribute among the friend of the intestate and  the ordinary will take security that if debt be discover afterward there shall  be restitution of the good to the administrator as much as will satisfy but  all the court resolve that a prohibition be well grantable because the  absolute interest in the good be in the administrator and the administration  be commit the ordinary have nothing to do and he can now as he may at the  commonlaw repeal the administration commit at his pleasure and it shall not be  leave to his discretion to provide restitution for debt discover for that may  be inconvenient whereupon a prohibition be grant a