case palmer against ALLICOCK Michaelmas term car roll if a man die intestate  leave no wife and only one child a son who obtain letter of administration to  his father and then die intestate under age and letter of administration de  good non of the father be grant to the next of kin of the son the court will  not prohibit the Commons from revoke their letter and grant such  administration to the next of kin of the father SC post SC skin SC Mod SC comb  prohibition a man die intestate leave no wife but only one child videlicet a  son who have letter of administration to the father the child die intestate  and the next of kin to the child take out letter of administration de good non  of the father the next of kin to the father sue to repeal these letter c Mr  row for the defendant argue against the prohibition that the father next of  kin ought to have it he urge that the statute of will Henry c reach not to  child child and cite sir George curzon case a the fair equity in construction  be to bring a equal mischief within the same equal remedy distribution be  question just before the Act of distribution be make b and the statute car c  be only to authorize and legitimate such bind c Administration have be carry  to the next of kin though there have be a residuary a cro James the same case  be in roll Abr prohibition page a   dyer b car Hugh v Hugh in the common plea  lev carter c Slawneys case hob tucker case hob Fotherbys case cro car shower  KB er p legatee d a residuary Iegatee be look upon as haeres custom this case  of a sole child be not within the statute nor within the mischief where a feme  covert die leave a husband he shall have the estate e so shall the parent of  their own child so the child of its parent and here the child be interest  accord and so the law leave as it be find the case of Newton v burnel f a sole  child take a mortgage in fee which in equity be but a chattle this be in the  name of the son and another person the jointtenant release to the son but the  equity be in the father it be his money the mortgage be decree to go to the  father administrator here by this Act the property be shower KB not so vest  but he may waive it or alter it such sole child ought to have the residue g Mr  pollexfen the child have such a interest as a devisee of residuum will do you  much good which shall go to his next of kin and the statute give it to he as  much there be no property vest in he so as to bring trover for it without  letter of administration but he have a right to have letter of administration  exclusive of any other in the case of den there be not a residuary legatee he  have but a specific legacy and part of the good devise to he but where he be  full and plenary residuary legatee it be otherwise and the reason of it be  because it be unreasonable that one shall have the estate and another shall  have the administration now this Act come and supply a devise and give the  same interest that a devise will which carry it to his administrator the court  it be no question but that in case of one child it be within the law as much  as where there be several child the end of the law be that all shall have it  as well as one and one as well as all there be no more a vest here than there  be in the one child at commonlaw pollexfen suppose there be two child and one  die his administrator shall have but one part before this statute if a father  have but one child and he die the administration shall be grant to the next of  kin to the father de good non of the father and the child wife child executor  or administrator shall have nothing but now since the Act the interest go to  the executor or administrator of such party Wythens justice there be no word  of vest but only that security shall be give c the Act signify and be to be  intend as no increaser of property in any person that have property before the  statute but to distribute it among those who have no property before Mr  pollexfen if a father die intestate leave three child and all the child die  before administration shall it go to the executor or administrator of such  child shower KB Wythens justice I do not see that this Act alter the  administration at all but only direct a distribution Mr pollexfen in Hilary  term follow argue it again in case of die intestate the infant have a interest  vest by the statute I do not mean a property in any particular part of the  good but such a interest as a legatee have that die after the testator death  and before the delivery of the good and such as any one have to a choose in  action at the commonlaw there be no wife or child that have any right or  interest in the intestate estate but the ordinary be the sole master thereof  to distribute it in blessed dead use and perhaps the wife and child may come  in under that name h but no otherwise then the Edward c h give only a action  to the administrator and then the statute of Henry c leave it in the wife and  next of kin by virtue of the administration I but notwithstanding all these  there be many inconvenience before the Act car c of distribution as that the  wife carry away all and the child be all bar so if the old son be of age have  get it but this Act have provide a just good and d den case cro car Ketley  Jones e see car c S and Mod f in the exchequer in g roll Rep Hutton h Inst  Plowd I hob cro shower KB er p sufficient remedy for these mischief by  distribution of the intestates estate the statute of Henry c settle the  administration but leave the estate unsettle only it go with the  administration but by this Act of distribution all the estate be settle go the  administration whither it will until Slanweys case king there be no  prohibition to stay suit for distribution the intention and meaning of this  Act be to avoid that mischief the title show it a Act for the distribution of  settlement of the intestate estate this Act do in effect make the intestate  will for he it be probable that the custom of London guide as a precedent for  it if a freeman in the city of London die leave a wife and child and the wife  die her three shall go to the executor or administrator so if the child die  and leave a executor the child part shall go to the executor but not to the  administrator of such child for if there be no executor it shall go to make up  and increase the orphanagemoney shower KB of the other child so that if a  interest be vest in case there be a wife and several child the next question  will be whether a interest be vest when there be but one child the objection  be there be no need of that because the Act of Henry c give the administration  to such sole child and consequent the whole estate and so there be no need of  any provision by the Act of distribution for this case which be provide for  before the title of the Act be general and the scope of the Act be general and  relate to intestates estate the spiritual court have no rule of distribution  that give any right to the wife or child but the ordinary make distribution in  blessed dead use and therefore this be a remedial law ought to have the large  construction to include as much as possible then suppose there be a infant who  have a interest vest whether the administration shall go to the next of kin to  the infant or to the next of kin to the father wheresoever the whole estate  shall go the administration shall go as if a wife die the husband shall have  the administration though this be not mention within the statute of Henry c or  this law and the reason be because the marriage give he a kind of interest in  the estate of the wife and the child shall have nothing to do therein Ognells  case   row case cro the next case be that of a executor residuary Iegatee die  before probate of the will the administration go to the next of kill to he and  not to the testator next of kin because the former be to have the benefit or  lose by the good or ill administration of the estate jefferies chief justice  the son be quasi a executor here in interest Wythens justice here be no word  of vest in the Act it be only that the ordinary shall take bind for  distribution so that before distribution there be no interest vest in any by  this Act Adjournatur l