case durant and Frances his wife administratrix of whether Prestwood decease  plaintiff thomas Prestwood and charlotte Ann Prestwood infant by their mother  and guardian and ambrose Rhodes and Elizabeth his wife defendant June the that  SC cite Ves ant and nephew in the same degree of relation to a intestate and  equal entitle under the statute of distribution Loyd v tench Ves page v cook  Ves cite No right of representation here but must take per capita and not per  stirpes Welsh v Welsh Eq ab pl pre Charles SC davers v due p W Stanley v  Stanley post Loyd v tench Ves page v cook Ves cite whether Prestwood die  intestate and letter of administration be grant to the plaintiff Frances as  her aunt and one of her next of kin who will have distribute the personal  estate to the intestate next of kin accord to their interest atkins without  suit but defendant insist they be several entitle to the while the bill be  bring in order that a account may be take if the intestate personal estate and  that the share of all person may be ascertain and the plaintiff in right of  Frances claim one three of the personal estate for their own use the defendant  Ambrose Rhodes and Elizabeth his wife insist that in case the plaintiff in  right of Frances be entitle to a three they in right of the defendant  Elizabeth be entitle to a like share she be the plaintiff frances only sister  the defendant Thomas and Charlotte whether Prestwood who be the only child of  Thomas Prestwood decease who be the only brother to the intestate insist that  they as representative of their father and near of kin to the intestate be  entitle to the whole personal estate Lord chancellor as by our computation the  ant and nephew be in equal degree of relation to the intestate they be equal  entitle under the statute of distribution and no right of representation can  be here allow and accord to the authority of many case they be to take per  capita and not per stirpes and therefore his lordship direct after the  satisfaction of debt the clear surplus of the intestate personal estate to be  divide into four equal part one four to the plaintiff one four to the  defendant Thomas Prestwood one four to the defendant Charlotte whether  Prestwood and the remain four to the defendant Rhodes and Elizabeth his wife  re lib a fol Horrel v white in the court of exchequer and Grainger v granger  before Lord Talbot be cite