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or administrator, or of a party interested, to decree or give
directions relative thereto ; and it shall be the duty of such
executor or administrator, to apply to the court of chancery or
the orphans court, and the said courts respectively shall have
full power to decree or direct what part of the personal estate
shall be retained or appropriated for the purpose, and in what
manner it shall be disposed of, and the legacy or benefit intend-
ed by the will shall be secured for the person to be entitled at a
future period, or contingency, and how the necessary part of
the personal estate, to be appropriated for the purpose, shall be
prevented from lying dead, or being unproductive, and how it
shall be applied, agreeably to the intent of the will, or the con-
struction of law, in case the contingency shall not take place.
CHAPTER XI.
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WHEN all the debts of an intestate, exhibited and proved, or
notified and not barred, shall have been discharged, or settled
and allowed to be retained, as herein directed, the administrator
shall proceed to make distribution of the surplus as follows:
SEC. 1. If the intestate leave a widow, and no child, parent,
grand-child, brother or sister, or the child of a brother or sister
of the said intestate, the said widow shall be entitled to the
whole.
SEC. 2. If there be a widow, and a child or children, or a
descendant or descendants from a child, the widow shall have
one-third only.
SEC. 3. If there be a widow, and no child, or descendants
of the intestate, but the said intestate shall leave a father, or
mother, or brother or sister, or child of a brother or sister, the
widow shall have one-half.
SEC. 4. The surplus, exclusive of the widow's share, or the
whole surplus, (if there be no widow,) shall go as follows:
SEC 5. If there be children, and no other descendant, the
surplus shall be divided equally amongst them.
SEC. 6. If there be a child or children, and a child or children
of a deceased child, the child or children of such deceased child
shall take such share as his, her or their deceased parent, would
(if alive) be entitled to; and every other descendant or other
descendants, in existence at the death of the intestate, shall
stand in the place of his, her or their deceased ancestor ; pro-
vided, that if any child, or descendant, shall have been advanc-
ed by the intestate, by settlement or portion, the same shall be
reckoned in the surplus, and if it be equal, or superior to a
share, such child or descendant shall be excluded, but the
widow shall have no advantage by bringing such advancement
into reckoning; and maintenance, or education, or money
51
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Distribu-
tion of an
intestate's
personal
estate.
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