The question for the decision of the court is, whether when it appears that some of the children of the decedent have been advanced by receiving real estate in his life time a judge can order a division of the decedent’s lands under the act of lltli November, 1789. It is the opinion of the whole court that the judge cannot order a-division in that case. The proceedings on this application must therefore be set' aside.

Proceedings set aside.