TESTAMENTARY SYSTEM.
had been originally granted; and in no case shall the executor of an
executor be
entitled, as executor, to administration de bonis non of the first
deceased; and the
letters, bond and oath, of an administrator de bonis non, shall
be in the form
herein before directed, except that the words " not already administered"
shall be
added in the proper places.
7. The qualifications of an administrator or
administratrix, shall, in all respects,
be the same as those of an executor; and the proceedings, to exclude
such as primâ facie appear entitled to the administration
of the estate of an intestate,
shall in all respects be the same as herein before directed for excluding
any person named in a will as executor or executrix, provided that it shall
not
be necessary so to proceed in case the party be out of the state, or in
case of administration
to be granted to any except relations, or to collateral relations, more
remote than brothers or sisters of the intestate; and no relations, except
a widow,
child, grand-child, father, brother, sister or mother, shall be considered
as entitled, unless he or she shall apply for the same.
8. If the intestate be a married woman, it
shall not as heretofore be necessary
for her husband to take out letters of administration, but all her choses
in action
shall devolve upon her husband, in the same manner as if he had taken
out such
letters; provided, that if he shall not, in his life-time, reduce the said
choses in
action into possession, or obtain judgment thereon, the said choses
in action shall
devolve on her representatives, and administration may be granted accordingly.
9. And hereafter a husband, bringing a personal
action to recover in right of
his wife, either before or after her death, may declare specially, setting
forth, in
the usual manner, how the debt or right accrued to his wife, and stating
further,
that by marriage the debt or right hath on him devolved.
10. If the intestate leave a widow, and a child or
children, administration, at
discretion of the court, shall be granted either to the widow or child,
or one of
the children.
11. If there be a widow, and no child, the
widow shall be preferred, and
next to the widow, or children, a grand-child shall be preferred.
12. If there be neither widow, nor child nor
grand-child, the father shall be
preferred.
13. If there be neither widow, nor child nor
grand-child, not father,
brothers and sisters shall be preferred, and next to brothers and sisters,
the mother
shall be preferred.
14. If there be neither widow, nor child nor
grand-child, nor father nor
brother, nor sister nor mother, the next of kin shall be preferred.
15. Males shall be preferred to females in
equal degree of kin, and the elder
shall be preferred to the younger.
16. Relations of the whole blood shall be preferred
to those of the half blood
in equal degree, and relations of the half blood shall be preferred to
relations of
the whole blood in a remoter degree.
17. Relations descending shall be preferred
to relations ascending in the collateral
line; that is to say, (for example,) a nephew shall be preferred to an
uncle.
18. None shall be preferred in the ascending
line beyond a father or mother,
or in the descending line below a grand-child.
19. A female shall be preferred to a married
woman in equal degree.
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