case tempt Talbot case thomas versus hole April a devise to relation be to be  confine to such as will take by the statute of distribution but their share  may not be the same as under that statute one hold by his will give pound to  the relation of Elizabeth hold to be divide equal between they Elizabeth hold  have at the testator death two brother live and several nephew and niece by  another brother the cause come on to be hear before my lord king and two  question be make in the first place who shall take by this description of the  relation of Elizabeth hold it be say that in the case of brown and brown my  Lord Macclesfield have determine that the word relation shall be confine to  such relation as be within the statute of distribution because case tempt  Talbot er p of the uncertainty of so car v Bedford Charles Rep Eq Cas Abr S c  roach way Hammond Prec in Chanc p will anon the word relation and upon this  authority my Lord king determine that no relation shall take by this  description that can not take by the statute of distribution the next question  be in what proportion such relation shall take whether as they will have take  by the statute or in a different manner and as to this he determine that as  the testator have direct the to be divide equal among they he can not direct a  unequal distribution and accord decree they to take per capita The authority  of this case have not only be recognize by but seem to have govern the  decision of many subsequent case in which word of the same or of a similar  import have be use as in edge v Salisbury Ambl Rep Isaac v Defriez ibidem  Widmore v Woodroffe ibidem Harding v Glynn atk whithorne v Harris Ves green v  Howard bro Charles Rep hand v hand hill at the roll bro Charles Rep cite  Phillips v Carth bro Charles Rep Rayner v Mowbray bro Charles Rep vide also  beal v Jones vern Brunsden v Woodbridge Ambl Rep Bennet v honeywood ibidem in  which last case a bequest to the testator brother among such of his testator  poor relation as he shall think fit be hold not to be confine to the next of  kin case tempt Talbot de term S the number three geo two in curian porter