case anonymous one devise the surplus of his personal estate to his relation  only such shall take who be capable of bake within the statute of distribution  it be say by the master of the roll and admit by Mr Vernon and other to be  settle that where one devise the rest of his personal estate to his relation  or to be divide among his relation without say what relation it shall go among  all such relation as be capable of take within the statute of distribution  else it will be uncertain for the relation may be infinite see roach v Hammond  pre Charles but more particular car v Bedford Charles Rep and in vo but in the  principal case the testator devise the surplus of his personal estate to his  poor relation and the countess of Winchelsea be a relation as near as any to  the testator she be a party to the suit and claim a share and it be decree she  be entitle thereto in regard the word poor be frequent use as a term of  endearment and compassion rather than to signify a indigent person as one  speak of one father often say my poor father or of one child my poor child but  this seem to have be a strain interpretation in favour of the earl and  countess of Winchelsea who have not a estate any way proportionable to their  quality so Thomas v hold can tempt Talb Harding v Glynn atk attorneygeneral v  Buckland cite Amb edge v Salisbury ib Whithorn v Harris ves Crosslee v Clare  Amb Isaac v Defriez ib Widmore v Woodroffe ib green v Howard bro c c hand v  hand peer William er p cite bro c c Phillips v Garth ib Rayner v Mowbray ib as  to the proportion in which they shall take vide Blackler v web post Vol ill  but where a residue be give in trust for such of the testator relation as a  shall judge proper a be not confine to the next of kin Bennet v honeywood Amb  supple v Lowson ib in Macleroth v Bacon Ves a appointment by a marry woman in  favour of her husband under a power to appoint to her family be sustain under  particular circumstance but in general that term will be confine to next of  kin under the saint of distribution Cruwys v colman Ves and see Garrick v  Camden Ves in smith v Campbell Ves coop a bequest to near relation be confine  to brother and sister though there be other who will have share under the stat  in do v over I Taun a devise of real estate to relation be hold to mean those  who will have take under the stat and see wright v atkins Ves Ves coop Tur  Maitland v Adair Ves leigh v leigh Ves anon mad vide Brunsden v Woolredge Amb  Isaac v Defriez ib Widmore v Woodroffe ib peer William de term S michaelis