brown versus FARNDELL and shore Pas Willi nariae b r rot shower SC the sister  of the halfblood shall have a equal distribution with a brother of the whole  blood comb SC Danv pl pl the case be one brown who be brother of the whole  blood to the plaintiff brown die intestate and without issue and the wife of  Farndell one of the defendant be his sister of the halfblood and  administration of all the good of the intestate be commit to brown the  plaintiff and afterward within the year after the death of the intestate and  before any distribution of the good c the wife of Farndell die and thereupon  he libel in the spiritual court before dr shore to have letter of  administration grant to he of part and share of the good of brown the  intestate which belong to his wife in her lifetime as his sister of the  halfblood accord to the car cap distribution of intestate S estate and  thereupon brown move for a prohibition and a rule be make for a prohibition  and that the plaintiff shall declare upon it to have the matter in law come in  judgement and accord brown the plaintiff declare and set forth all this matter  and the statute of distribution of Intestates estate and particular that  paragraph by which the manner of distribution among collateral be direct and  also that paragraph by which this enact that no distribution shall be make  till a year be full expire after the death of the intestate and moreover  suggest that the construction of the statute belong to the king in his  temporal court and not to the spiritual court and that the defendant  notwithstanding c have proceed there c and upon a demurrer to this declaration  two point be make argue and adjudge whether the sister of the halfblood to the  intestate shall have a equal distribution with the brother of the whole blood  and it be adjudge that she shall for the word of the statute be to every of  the next of kindred of the intestate who be in equal degree and the sister of  the Carthew halfblood be in equal degree of kindred to the intestate with the  brother of the whole blood for the one be his sister and the other his brother  the second point be upon construction of that paragraph by which this enact  that no distribution shall be until after one year after the intestate S death  if any right or interest be vest and fix in the party who be entitle to any  share before distribution be actual make or whether this whole in contingency  in which they have nothing at present but only a possibility if they survive  the year and as to this point it be adjudge by all the court that a interest  be vest and fix in the party entitle tj have any share immediate after the  death of the intestate and the statute do not make any suspension or condition  precedent to the interest of the party for that clause be mere for the benefit  of creditor and do not relate to the interest of the party c and the court  hold this statute to be in nature of a will for all person who shall die  intestate and therefore they resemble this case to that of a residuary legatee  for if such a legatee die before the debt be satisfy so that it do not appear  to how much the surplus will amount yet the executor or administrator of such  a legatee shall have the whole residue c which remain over c and not the  executor of the first testator Carthew er p so in the case where a sum of  money be bequeathe to t S to be pay when he be of the age of twentyone year  and he die before that time his executor shall have the legacy so in the  principal case a interest be vest in the wife of Farndell immediate upon the  death of brown the intestate and therefore though she die before the time of  payment yet the administrator of the intestate shall have no benefit thereof  for it shall go to the administrator of the wife and Farndell her husband have  the right of administration to her the suit in the spiritual court be proper  for he to have it grant thereupon a consultation be grant notam in the  argument of this case it be hold that if a man die intestate leave only one  child that such child be within the statute of distribution and that this not  casus to let go