
    Bucks Nisi Prius,
    Oct. 15, 1773.
    Anonymous.
    
      Descent.
    
    Land demised to a child, who dies intestate, is to be distributed according to the intestate law.
    John Fisher, having two sons and a daughter, made his will, and devised a plantation to his son Matthias in fee. Matthias dies in his minority, intestate and without issue.
    
      Question : Whether his heirs at common law shall take ; or it shall divide among his other brother and sisters, under the supplemental intestate law of this province ?
    On a trial in ejectment for the plantation,, it was agreed by counsel, that the opinion of the court should be conclusive to the jury.
   Mr. Justice Willing and Justice Lawrence

were of opinion, and so delivered it to the jury, that the estate should be divided : and the plaintiff suffered a nonsuit, 
      
       This case (under the name of Heister’s Lessee v. Lambert) was cited by C. J. McKean, in Kerlin v. Bull, post, p. 177. And although it was objected, that the decision was made on a sudden, and without deliberation, by judges who did not pretend to be skilled in the law, yet the determination in Kerlin v. Bull went mainly on this precedent. See also Larsh v. Larsh, Addison 310.
     