case Bretton ux all versus LETHULIER surplus devise to the testator four  brother and if any of they die before the estate be get in and divide his  share to go to his child one of they die in the life of the testator leave  child whether they shall take their father share Samuel Lethulier devise the  surplus of his estate to his brother sir John William and Abraham Lethulier  and the child of his brother sir Christopher and of his sister Birkin equal to  be divide and if any of my brother die before the estate be get in and divide  his or their share to go to his or their child Abraham one of his brother die  in the testator lifetime leave several child sir Christopher his brother leave  five child mrs Birkin have four live at the testator death the first question  be whether Abraham die in the testator lifetime that lapse legacy shall go to  his child vide on this point Darrel v Molesworth ante p and case cite in not  there second whether the child of sir Christopher shall be consider as one  person and take a five among they or whether a equal share with the brother  and so as to Birkins child it have long be settle as the law that where the  party be all equal of kin to a intestate they shall take per capita and not  per stirpes by if brother or sister of intestate live davers v due p wms and  case cite in note p there lady Lincoln v Pelham Ves jun Lord chancellor  Abraham die before the estate be get in and divide but he die before the  testator yet still he die before the estate be get in and divide but then it  be object that his share be to go to his child when he have no share ever vest  in he but that be to be understand the share intend he Vernon chancery case a  will speak not until the death of the party but the construction be to be make  as matter stand at the time of make the will d may a order for examine one of  the defendant in the cause as a witness for the other defendant he have no  interest Reg lib a fol but no further entry appear the case of Ledsome and  Hickman ante vern p pound to three at twentyone if any die to go to the  survivor one die in the life of the testator Davies and Lord bindon devise of  a debt to two if either die to the survivor one die before the debt get in  Lord chancellor be of opinion that Davis have survive the testator though he  die before the debt be get in be entitle to his share of the debt but the lord  reverse it Vernon chancery case er p Vernon chancery case de term S the number  three in curian porter