case matthews versus Newby February in court Lord keeper Eq can ab pl a  freeman of London die intestate leave a wife and no child bill be bring  against the widow who be administratrix for a distribution of the testamentary  part defendant plead that by the custom it belong to her as administratrix and  be not distributable by the statute plea allow the bill be to have  distribution of the legatory part of the personal estate of a citizen of  London who die intestate the defendant the widow and administratrix plead  Vernon chancery case that by the custom of the city of London if a freeman die  intestate and without issue his widow ought to have her widow chamber and a  moiety of the rest of the personal estate and the administrator the other  moiety and set forth the proviso in the act of distribution that it shall not  prejudice the custom of London and that administration of her husband personal  estate be grant to her it be affirm by the counsel at the bar that it have be  late resolve in the king bench that the whole estate of a citizen of London be  exempt out of the act of distribution and thereupon the plea be allow but  whereas the defendant have demurrer for that distribution ought to be make in  the spiritual court the Lord keeper overrule the demurrer for that the  spiritual court in that case have but a lame jurisdiction and there be no  negative word in the act of parliament he think a bill for distribution very  proper in this court but in this respect the law be alter by stat James cap  see by which the share of administration of a intestate citizen of London or  deadman share be make subject to the Act of distribution et vide salk note the  orphanage share under the custom of London be subject to debt Anderson v  Maltby Ves Jun per Loughborough Chan note it be decree by the Lord chancellor  Jeffreys in Trin term in the case of Stapleton and Sherrard post send vide not  there where a man within the province of York be dead intestate leave a wife  and no child that the wife shall have one moiety of the personal estate by the  custom and that the other moiety be without the custom shall be distribute  accord to the statute of distribution Reg lib b fol note there do not appear  any mention of the matter of the plea in the register book