By the statute of the 21st. Henry 8th. cap. 5.
" In case any person die intestate, or the executors
" named in any testament refuse to
" prove the said testament, then the ordinary
" or other person having authority to take probate
" of testaments, shall grant the administration
" of the goods of the testator, or person
" deceased, to the widow of the same person
" deceased, or to the next of his kin, or to
" both, as by the discretion of the same ordinary
" shall be thought good; and in case
" where divers persons claim the administration
" as next of kin, which be equal in degree of
" kindred to the testator, or person deceased;
" and where any person only desireth the administration
" as next of kin, where indeed
" divers persons be in equality of kindred; in
" every such case, the ordinary to be at his
" election and liberty, to accept any one or
" more making request, where divers do require
" administration; or where but one, or
" more of them, and not all being in equality
" of degree, do make request, then the ordinary
" to admit the widow, and him or them only
" making request, or any one of them, at
" his pleasure."

    The subsequent statutes relative to this subject,
belong more properly to the head of distribution;
which see.

Stat. 21 Henry
8, c. 5
power of the
ordinary in
granting administration.