a die intestate leave a grandmother and a aunt his next of kin Administration  be grant to the grandmother the grandmother be near of kin to the intestate  than the aunt for the aunt be not of kin to the intestate but as she derive  her kindred from the grandmother her mother and therefore not in equal degree  beside where one be lineal and the Cause of the kin and the other collateral  the person who be lineal shall be prefer here the grandmother be the root of  the kindred and so must be near than they that derive their relation from her  per holt c I and per tot cur a motion for a mandamus to the spiritual court  command they to grant Administration to the aunt as more near of kin than the  grandmother be deny east and hill Blackborough and Davis will Rep see the same  point determine in the case of Woodroff and Wickworth upon the strength of  this resolution Prec in Chan Vol Abr Eq c salk SC case in b r tempt W SC Lord  raym Rep SC say the court hold that the grandmother be as near as the aunt for  in this case in descent of land it will be a mediate descent and the same  medium to both videlicet the father and the grandmother seem to have the  advantage because she be of the right line the aunt of the collateral line and  sir b shower cite a case between Burton and sharp the last Trinity term where  a Administration be sue to be grant to the great grandmother and the aunt move  for a prohibition in the common plea to stay the suit in the spiritual court  and it be deny ibidem a grandfather on the father be side and a grandmother on  the mother side be the next of kin be equal entitle by the statute of  distribution for though the grandfather by the father be side may in some  respect be more worthy of blood yet here dignity if blood be not material in  regard the brother of the half blood shall take equal with the brother of the  whole blood case in parliament Carth and his honour sir I Jekyll be so clear  as to this point that he will not suffer it to be debate that may more and  Barham vide will Rep if a child have die intestate without wife child or  father live only the mother the mother have the whole till James exclusive of  the brother and sister and there must be the same law now as to the  grandmother with relation to the ant the father survive have the child whole  estate at this day per holt c I ibidem the stat of James allow the proceed of  the spiritual court to be right as the law then stand but think it  unreasonable that the mother who may marry again shall carry away all and  therefore the parliament let in the intestate brother and sister equal with  the mother but still the father have all if the spiritual court since the stat  of car shall attempt a distribution contrary to the rule of the commonlaw we  will prohibit they for by that statute they be restrain to the rule allow  among we per holt c I ibidem it appear from ridleys view of the civil law p  that the grandmother equity case abridge er p c of the ascend line to the  utmost degree be ancient prefer before the near collateral but that may be now  alter by the stat of car which prefer the next of kin though collateral before  one though lineal that be more remote per holt c I ibidem