All the Defendants, in this case, claim the property under the null of their father, except William, who received a tract of land by way of advancement, as to which, if the question had been undecided, I should have thought it was to be brought into hotchpot, upon his claiming a share of the personal estate. But, though I did not concur in the decision of Jones v. Jones, (2 Murph.) Í feel myself bound by it, more especially as many estates have been divided according to it, and the unsettling the law at this time would lead to much confusion. On this ground, and this alone, I am of opinion that the land claimed by William, as given to him in the life-time of his father, is not the subject of distribution, when a claim is made for the personalty. As the act of 1766, requires, only, that property to be brought into hotchpot, which has been settled or advanced to the child, in the life-time of the parent, it necessárily excludes all that which passes by will; and all the children are, consequently, entitled to a distributive share of the personal property of which William Wilson, the father, died intestate, and the judgment of the Superior Court must be aiiirmed. As the' words of the act of 1784, by which the descent of lands *78is regulated, are not restricted to an act, in the life-time of the parent, a different construction has been made in * regard to the settlement of lands, but respecting which n0 qUCSti0n arises in this case.
I was one of the Court that decided the case of Jones v. Jones — (2 Mur. 150.) I was in the minority ; but 1 consider myself bound by that decision, because many estates have been settled, and are now held under it. On that account, in the present case, the real and personal property cannot be blended together.
Nor do I think that legacies, given by the testator’s will, can be brought into the account under the law of distributions. As it appears- that there were no advancements made by the testator, in his life-time, I think division can only be made of such property as the testator has made no disposition of, and as to which he died intestate.' — Let the judgment, below, be affirmed. '
Henderson, Judge, concurred.