Baning's Will

*50The following answer was given by the Chancellor, November 26, 1822.

On comparing the Statute of Distribution, 22 & 23 Car. II, c, 10, with our Act of Assembly for the better settling intestates’ estates, [1 Del.Laws 284,] I find a material difference in those parts which relate to the distribution to collaterals. The English statute gives the portion of the surplus which is not given to the wife, if there be no children nor any legal representatives of them, equally to every of the next of kindred who are in equal degree, and those who legally represent them, without noticing brothers or…