Acts. 333

of the Surplusage of the Estate of such Intestate to be Dis-
tributed to such Child or Children as shall have any Land by
Settlement from the Intestate or were Advanced 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 att
Law notwithstanding 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 Child or Children nor any Legall representatives 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 Dis-

C. P.

tributed 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 Collatteralls after brothers and Sisters Children) and
in Case there be no wife then all the said Estate to be Dis-
tributed Equally to and Amongst the Children and in Case
there be no Children to the next of Kindred in Equall Degree
of or unto the Intestate or their Legall representatives as afd
and after such Division or Distribution made or Caused to be
made by [him] the Judge shall Transmitt the Acct thereof if not
before Transmitted to the Severall and respective Justices of
the County Courts where the said Estates shall be and remaine
and if any part thereof belong to an Orphan who is able of
Chooseing his Guardian such orphan shall be Called to Court
and shall then and there Choose his Guardian into whose
hands the said Orphans Estate shall be Comitted but if such
orphan be not att age then the Justices afd shall put the per-
sons Lands goods and Chattells of the said orphans into the
hands of such person or persons as they shall think fitt and
take a bond with two Sufficient Sureties in the names of the
Orphans themselves for the Secureing and Delivering of the

p. 222

said Estates to the said orphans or their Guardians when
thereunto Lawfully Called According to the rules and Direc-
tions by this Act prescribed and not Otherwise which Rules
shall be rules not only for the Justices of the County Courts
to proceed by in taking the Accounts of Guardians or Trustees
for Orphans but alsoe for the Judge for probatt of wills and
granting Administracons in the Acct of Administrators and
bare Ex'rs to the benefitt of others nor shall the Judge give
any other Allowances to any Adminisf or Administrs upon his
her or their Accounts but for Debts bona fide owing from the
Deced and really paid or Secured to be paid by the Sev^ll and
respective Administrs Together with the necessary Charges.
First no Negroe or other Slave shall be Sold or disposed

p. 223