delivered the opinion of the Court:

If Miles Harvey had died intestate in the fall of 1784, Ids two sons would have been his heirs, under th, act which passed in the April of that year. But. having devised the land in controversy to Miles Edward Harvey, he took under the will by purchase, and having died intestate, his maternal half brother inherits one moiety of the land, and the bdra of his sister Martha the other moiety. The partition between them must consequently be made according to the prayer of the petition.