case brown against shore and his wife the statute of distribution car c vest  the several share of the intestate effect in those who be entitle to  distribution at the time the intestate die and therefore if a relation under  the statute die between the death of the intestate and the administration make  his share shall go to his personal representative SC ante SC comb SC holt  prohibition the declaration be upon a suggestion on the statute and car c for  distribution of Intestates estate and that I S die intestate that a and b be  his next of kin that a die within a year after I S and before any actual  distribution that the executor of a sue there for his part c demurrer Tremain  the question be whether this Act do vest such a interest in the party upon the  death of the intestate that if he die before distribution it shall go to his  executor as much as if he have live till after a actual provision and receipt  of his proportion it plain give a present interest for there be no time limit  or state by the condition of the bind when the inventory shall be exhibit or  distribution make but it be leave to the discretion of the ordinary then there  be another clause in case of the next of kin which be also without time and  leave indefinite I e present the clause of a year time be only for the benefit  of creditor that they may not be surprise as to the case of palmer v Allicock  a which be in this court there be but one child and so no distribution at all  and therefore some opinion be that nothing be vest the word be shall deliver  and pay which shall give a interest present accord to the case of Oldham v  Bateman roll Abr where money give to be pay to the infant vest such a interest  as he may maintain a action for dobbins e contra there be no word in this Act  of parliament that vest a interest before this Act the ordinary do always  endeavour to make distribution as appear by Levannis case cro car now this Act  only appoint the method of distribution and empower he to take a bind with a  condition to do it in this and that form and manner suppose it be a cousin  german die and a relation bear after as a enseint and the number increase if  the interest shower KB be vest at the time of the death then they must have  nothing b now by next of kin must be mean next of kin as they be at the time  of the distribution as in case of a devise of a term to a and if he die  without a son then to his daughter and he have two daughter at the time of his  death and another bear after the first devisee die all three daughter shall  take Stanley v baker more this Act have be literal expound and therefore new  law have be make to explain it here be a sister of the halfblood that die  before she have a right to demand or sue in Bunhill v Newton in the exchequer  in the year the money be decree to the administrator of the father because no  right vest in the son as a case out of the statute be but one son holt chief  justice it give a present interest the Act of parliament be the same as if the  party have make his will to this effect the common case of a residuary legatee  who die before probate his executor shall have administration and not the next  of kin to the first testator c that prove this case a right of action or  choose in action will go to executor the proviso for a year be to save the  administrator from a devastavit by not divide till he see the estate as to  Newton case a man have only one child and die whether that be within the  meaning of the statute they do bold that be need not the aid of the statute  but have all at the commonlaw and I doubt the law as to that case for I think  it a interest vest ten the judgement be afterward affirm by the whole court  post a show Mod comb skin b see the case of walin v Hodson in chancery Hilary  term Geo c dyer Mod vern Mod ld ray Peer wms shower KB er p dolbin justice I  wonder that it be ever make a point suppose the proviso that give a year have  be leave out what then Gregory justice of the same opinion eyres justice the  design of the statute be to make a will for the intestate consultation per  totan curian