Acts. 235

And be it farther inacted by the Authority aforesaid by and
with the Advice and Consent aforesaid that when a full Ac-
count is made by any Administrator of any Intestates Estate
the Judge aforesaid shall make distribution of the Surplusage
of such Estate in manner and forme following (that is to say)
One third part of the said Surplusage to the wife of the In-
testate and all the residue by equall portions to and amongst
the Children of such persons dying Intestate and such persons
as legally represent such Children in Case any of the said
Children be then Dead other than such Child or Children
(not being heir at Law) or who shall have any Estate by the
Settlement of the Intestate or shall be advanc'd by the Intestate
in his lifetime by portion or portions equall to the share which
shall by such Distribution be allotted to the other Children to
whom such Distribution is to be made.
And in Case any Child (other than the heir at law) who
shall have any Estate by Settlement from the said Intestate or
shall be advanced by the Intestate in his life time by portion
not equall to the Share which will be due to the other Children
by such distribution as aforesaid then so much of the Sur-
plusage of the Estate of such Intestate to be distributed to
such Child or Children as shall have any Land by Settlement
from the Intestate or were advanc'd in the life time of the
Intestate as shall make the Estate of all the said Children
equall as near as can be estimated but the heir at law notwith-
standing any Land that he shall have by descent or otherwise
from the Intestate is to have an equall part in the distribution
with the rest of the Children without any Consideration of the
value of the land which he hath by descent or otherwise from
the Intestate.
And in case there be no Children nor any legall representa-
tives of them then one Moyety of the said Estate to be allowed
to the wife of the Intestate the residue of the said Estate to be
distributed equally to every of the next of Kindred of the
Intestate who are in equall degree and those who legally
represent them (provided there be no representatives admitted
among Collaterals after brothers and sisters Children) and in
Case there be no wife then all the said Estate to be distributed
equally to and amongst the Children and in Case there be no

Lib. L. L.

No. 64.

Child then to the next of Kindred in equall degree of or unto
the Intestate or their legall representatives as aforesaid and in
no other Manner whatsoever.
And after such division or distribution made by the Judge
aforesaid the Judge shall transmitt the Account thereof to the
severall and respective Justices of the County Courts where
the said Estates shall be and remaine And if any part thereon
belong to an orphan who is capable of choosing his Gardian

p. 20