case Worseley versus johnson November t S seize in fee of land devise the same  to his wife for life and after her decease to b b and the heir of his body and  for want of such issue to be sell and divide among his relation accord to the  statute of distribution where no will be make the wife be no relation to the  husband and the next of kin take the whole exclusive of her both by the word  of the will and the intention of the testator see Davis v Baillie Ves bro  Charles Rep Thomas sergeant be seize in fee of land call crick in the county  of Northampton of pound a year devise the same to his wife for her life and  after her decease to his kinsman Ralph Bucknell and to the heir of his body  and for want of such issue to be sell and divide among his relation accord to  the statute for distribution of intestates estate where no will be make and by  the say will devise his house in fosterlane to his wife her heir and assign  for ever Thomas sergeant die in leave his widow who afterward marry John  Lydiard since decease and also leave two ant Dorothy hook and Cassandra  Higginbottom both since dead who be sister of Henry sergeant the father of the  testator and his next of kin atkins Ralph Bucknell before mrs sergeant second  marriage die without issue in and she be advice that herself and the testator  next of kin thereupon become entitle to the inheritance in fee in the estate  of crick in such share as they will have be entitle to his personal estate in  case he have die intestate by virtue of the statute of distribution and that  her interest in the inheritance and the money to arise from the sale of the  say premise be so vest in her that she may dispose of it by deed or will  before her second marriage the wife with consent of Mr Lydiard convey these  land among other thing to trustee their executor and administrator for year  determinable upon the death of Susannah Lydiard late sergeant for the use  therein mention and reserve a power to herself of dispose of this estate by  will afterward recite her first husband will and his devise of the say estate  and that she be entitle to dispose of a share that shall arise by sale thereof  she give all her right and title thereunto and all her share arise by sale  thereof to the plaintiff his heir executor administrator and assign for ever  and die in January the representative of Dorothy hook and Cassandra  Higginbottom the testator ant claim the whole money arise from the sale of  crick in exclusion of the plaintiff insist the wife of the testator Thomas  sergeant be not entitle be no relation within the word of the testator will or  his intention nor a relation within the statute of distribution Mr clarke for  the testator next of kin cite the case of Davis versus Bailey Ves S c February  there the word of the will be I give the residue of my personal estate to  trustee to place out at interest and to permit my wife to receive the produce  thereof for her life and after her decease I give it to such of my relation as  will have be entitle under the statute of distribution in case I have die  intestate in such share as the law direct Lord Hardwicke be of opinion that  the wife in that case be not to be consider as a relation and her  representative not entitle to any of the husband residue as stand in her place  Mr Wilbraham of the same side argue that in construction of law a wife be not  proper a relation to a husband for that word mean next of blood which a wife  be not but be near than next of kin and stand in the same light as a king and  atkins subject or subject and king guardian and ware or ware and guardian a  wife or husband in law be but one person and cite a case out of vern to show  that where a devise be to husband and wife and a three person it be hold a  jointtenancy in moieties and the husband and wife to take only a moiety as be  but one he also cite Mod pound Lord chancellor do you mean that the will  intend relation at the determination of the estate tail for I think it will in  a great measure depend upon this atkins er p Mr Wilbraham say that the  testator do certain mean so and that he never have his wife in view but intend  if this remote contingency do happen those who be the next relation shall take  and who be such when the event take place and not relation at the time of his  death and therefore the representative of the wife be not entitle to any share  in the estate to be sell Mr Cox likewise of counsel for the defendant say that  in the civil law the wife be not consider as a relation to the husband in the  same light with the next of kin because she be call relation they kinsman Mr  attorney general for the plaintiff say there be no occasion to enter into a  nice discussion how far the wife be a relation to a husband for the plain  meaning of the word here be that it shall be leave to the law to determine it  and that such person shall take under the word relation as the statute of  distribution will give it to in case he die intestate and can the counsel for  the defendant deny that the statute give the wife a share in a intestate  estate Lord chancellor the case of Davis versus Bailey come so near the  present that it be necessary I shall look into it and therefore let this cause  stand over till Tuesday sevennight and in the mean time desire to have a copy  of that decree atkins November Lord chancellor the bill be bring by the  plaintiff as executor of Susannah Lydyard against the defendant who be the  next of kin of Thomas sergeant for a sale of his real estate which he devise  in the manner as have be already state and what he now claim be one moiety  thereof under the statute of distribution as the representative of Mr sergeant  wife this question depend on the construction of the will arise out of the  word and the intention of the testator in the course of the cause I have  change my opinion which at first lean in favour of the wife what be the sense  to be put on the word relation in the will it be use in a improper manner it  signify in grammar a abstract quality any relation that arise in social life  but in vulgar acceptation it be transfer to a personal sense and be so use in  this will as if he have say kindred which be the word in the statute and where  the will refer to the statute it must be take as the statute take it strict  the wife be no relation to the husband relation in dictionary mean kinsman and  relation but by the statute it mean kindred by blood only the wife be no  relation by blood nor by affinity see calvin lexicon title relation by  marriage the wife say he non relation be send causan relation by marriage  relation ab eoden post Skinner title blood relation parentela if the wife be  next of kin she must exclude all the rest the statute of Henry c sec entitle  what fee ought to be take for probate of testament say in case any person die  intestate the ordinary shall grant administration of the good of the person  decease to the widow of the same person decease or to the next of his kin  distinguish more clear between they than the statute of distribution atkins  this then be the sense of the word relation but if that will not answer the  apparent intention it must give way to it I think if the strict sense of the  word do not take in the wife it fall in with the intention for he give his  wife the rend of the estate for life and then to his nephew in tail nothing  can be more improbable than to imagine he have in view his wife be alive at  the determination of the entail to share in the distribution of the money at  that time shall it go at fifty or one hundred year distance ought it to go to  the remote representative of his wife even in this case to the representative  of the second husband of the wife sup pose he have order a division between my  own relation as the statute direct this plain will have include relation in  blood only and can never in common parlance mean his wife and the word my  relation mean the same as my own the case of Davis versus Baily be in point  and I can find no difference for there the devise be to such of my relation as  will have be entitle by the statute of distribution his lordship dismiss the  plaintiff bill without cost atkins er p