a bill for a distribution plea that by stat car a administrator be not oblige  to a distribution until a year after intestate death be expire but overrule  and order to stand for a answer with liberty to except bunb b a devise the  residue of her estate to her sister and her husband for the sister be life and  give all her next of kin except one legacy and after the death of her sister  give one moiety to b but say nothing of the other and name the sister and the  husband executor and it be hold that though the devise be only during the  sister be life and one of the next of kin have no legacy yet it be such a  beneficial legacy as will not oust the husband of the moiety not give away and  it be say that a legacy to exclude the executor from the surplus must raise a  presumption that he be not to have it or it do nothing Willis and Brady ms Rep  quaere term and year by stat car c sect the surplusage shall be distribute as  follow one three to the wife of the intestate the residue among mrs child and  such as legal represent they if any of they be dead other than such child  equity case abridge er p not heir all law who shall have any estate by  settlement of the intestate in his lifetime equal to the other share child  other than heir at law advance by Settlements or portion not equal to other  share shall have so much of the surplus as shall make the estate of all tobe  equal but the heir at law shall have a equal part in distribution with the  other child without any consideration of the value of the land which he have  by descent or otherwise from the intestate sect if there be no child nor legal  representative of they one moiety shall be allot to the wife the residue equal  to the next of kin to the intestate in equal degree and those who represent  they sect No representation hall be admit among collateral after brother and  sister child and if there be no wife all shall be distribute among the child  and if no child to the next of kin to the intestate in equal degree and their  representative see Eq can Abr p c by the stat car c sect it be enact that the  Act of car c of distribution shall not extend to the estate of feme covert  that die intestate but that their husband may have Administration of their  personal estate where a man make a executor to who he devise all the rest and  residue c and this executor die before the testator he that take  Administration cum will fastening shall be liable to equity case abridge make  distribution of this surplus within the Act of distribution of intestate  estate hill anon can cite it as so resolve by Lord keep north Freem Rep see  stat car S by stat James c sect if after the death of a father any of his  child shall die intestate without wife or child in the lifetime of the mother  every brother and sister and their representative shall have equal share with  her by stat James c sect such part of any intestate estate within the city of  London or province of York as any administrator have by virtue only of be  administrator shall be subject to distribution as in other case and the custom  shall not extend to it but the W m take away the custom of the province of  York and give power to dispose of their personal estate by will but except the  city of York and Chester the stat Ann c sect repeal the proviso as to the city  of York