case KEYLWAY versus KEYLWAY Lord chancellor king pale yellow Rep stram Eq can  ab pl pl by the statute of James c if after the death of the father any of his  child shall die intestate without wife or child every brother and sister and  their representative shall have a equal share with the mother the case be  after the death of the father the son die intestate leave a wife and without  child but leave a mother brother and a sister and two niece the child of a  decease brother resolve that this be within the statute and that the intestate  wife shall have but one moiety and as to the other moiety that the intestate  brother and sister c shall come in for a equal share thereof with the mother  Robert Keylway die intestate leave a wife and no child and leave a mother  three brother a sister and two niece the child of a decease brother and  possess of a considerable personal estate and the question be touch the  distribution thereof saint it be admit by all that the intestate wife be to  have one moiety of his peer William er p personal estate by the statute of  distribution car cap so that the only difficulty be as to the remain moiety  whether the intestate mother as the next of kin shall have it or whether the  intestate brother and sister g shall come in for their share thereof equal  with the mother peer William object on behalf of the mother that by the  statute of distribution the mother as next of kin be entitle to this remain  moiety just as the father will have be and that the brother and sister c can  not be think to be of equal degree of kindred to the intestate with the mother  quod to be concession per cur then it be insist that this case be not within  the stat of James c sect the word of which be that if after the death of the  father any of his child shall die intestate without wife or child in the  lifetime of the mother every brother and cc sister and the representative of  they shall have a equal share with the mother for that in this case the  intestate have a wife it be not within this latter statute which be to take  place only in case where the mother before the make thereof will have go away  with the whole personal estate whereas here she will take but half it be admit  to be true that the word of the statute be in the disjunctive videlicet if  after the death of the father the child die without wife or issue that then  every brother and sister c shall have their share equal with the mother which  word or may be think to imply that in either of these case the brother and  sister c shall be admit to share with the mother but that be impossible  because if after the death of the father the child shall die leave no wife but  leave child it be impossible that the brother and sister or the mother shall  any of they have a share of the intestate estate which will all go to the  intestate own child and therefore the peer William word or shall be take for  and as be do in a great many case see the case of Richardson v Spraag vol from  whence it be conclude that this case be not within the statute of James but  rest upon that of distribution car by which the mother as next of kin take one  moiety and the wife will be entitle to the other but Lord chancellor decree  the contrary hold the intention of the statute of James to be that in every  case where after the death of the father the child die without issue if there  be no wife the child brother and sister shall come in equal with the mother as  to the whole and that where the mother before that statute come in for half  there the decease child brother and sister shall now come in for a share of  that moiety and that as the intention of the statute of James be in prejudice  of the mother so in the case which have now happen the word be plain against  her they be that if after the death of the father any of the child shall die  without wife or child then the brother and sister c shall have their share  with the mother now here one of these contingency have happen and therefore  the brother and sister c shall come in with the mother he admit that if the  intestate shall have a child and no wife and a brother and mother in such case  neither the brother nor mother will have any part but the child shall take all  because original the lineal descendant the child shall be prefer before the  lineal ascendants the father or mother and the lineal ascendants the father  and mother shall be prefer to collateral descendant the brother and sister but  this be alter by the latter statute therefore it be now decree that the mother  of the intestate Keylway peer William shall come in for no more than her share  of the moiety of the personal estate with the intestate brother and sister and  the two niece the representative of the decease brother this case be affirm to  be law by Lord chancellor Hardwicke in the case of Stanley versus Stanley that  of may atk