Upon  the  whole  I  suppressed  the  letters  denunciatory  as  void,  for  want  of  a
schedule  and  as  irregularly  published,  and  then  Mr.  Stevens  appeared  for  the  executors,
and  declared  that  neither  of  them  would  take  probate  of  the  will.
Hughes  against  Cook  and  Others.  Prerogative  Court,  Easter  Term,  June  4th,
1753. — Creditors  are  entitled  to  a  constat  of  the  personal  estate,  but  they  have
no  right  to  litigate  the  quantum  of  security,  or  to  require  the  sureties  to  justify.
Howell  Wynne  Hughes,  a  distiller  and  freeman  of  London,  died  intestate  without
children,  left  Ann  Hughes  his  widow.  Caveats  were  entered  by  Cook  and  others,
creditors ;  they  prayed  a  commission  of  appraisement,  which  was  granted  and  returned  j
household  goods,  &c.  amounted  to  between  11001.  and  12001.,  and  good  debts  (but
not  received)  to  upwards  of  27711.  The  widow  prayed  administration  to  be  granted
to  her  directly ;  suggested  that  the  estate  suffered,  and  that  the  creditors  were
distillers,  and  were  endeavouring  to  get  her  husband's  customers  from  her ;  offered

(a)  By  37  H.  8,  c.  17,  s.  4,  Chancellors,  vicars  general,  commissaries,  officials
and  registers  were  empowered  to  execute  and  exercise  all  manner  of  jurisdiction
commonly  called  Ecclesiastical  jurisdiction,  and  all  censures  and  coercions  appertaining
or  in  any  way  belonging  unto  the  same,  albeit  such  person  or  persons  might  be  lay,
married,  or  unmarried,  so  that  they  were  Doctors  of  Civil  Law.
