Section III How and to whom Surplus to be distributed.

Proviso respecting Advancement by Portion, &c.; Heir at Law, although he take Land, to have an equal Part.; If no Children then Moiety to Wife, and Residue to next of Kin.

Provided alwayes and bee it enacted by the authority aforesaid That all Ordinaries and every other person who by this Act is enabled to make distribution of the Surplusage of the Estate of any person dying intestate shall distribute the whole Surplusage of such Estate or Estates in manner and forme following, That is to say, One third part of the said Surplusage to the Wife of the Intestate, and all the residue by equall portions to and amongst the Children of such persons dyeing intestate, and such persons as legally represent such Children in case any of the said Children be then dead, other then such Childe or Children (not being Heire at Law) who shall have any Estate by the Setlement of the Intestate, or shall be advanced by the Intestate in his Life time by portion or portions equall to the share which shall by such distribucc[i]oon be allotted to the other Children, to whome such distribucc[i]oon is to be made. And in case any Childe other then the Heire at Law who shall have any Estate by Setlement from the said Intestate, or shall be advanced by the said Intestate in his Life time by portion not equall to the share which will be due to the other Children by such distribution as aforesaid, then soe much of the Surplusage of the Estate of such Intestate to be distributed to such Childe or Children as shall have any Land by Setlement from the Intestate, or were advanced in the Life time of the Intestate as shall make the Estate of all the said Children to be equall as neere as can be estimated. But the Heire at Law notwithstanding any Land that he shall have by descent or otherwise from the Intestate is to have an equall part in the distribution with the rest of the Children without any consideration of the value of the Land which he hath by descent or otherwise from the Intestate. And in case there be noe Children nor any legall Representatives of them, then one Moyety of the said Estate to be allotted to the Wife of the Intestate, the residue of the said Estate to be distributed equally to every of the next, of Kindred of the Intestate who are in equally degree and those who legally represent them.