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ADMINISTRATION. 7
Administrations, on the estates of intestates,
are to be granted, generally, in the following
order--If the intestate be a married woman, the
administration belongs to her husband, as her
next, and most lawful friend, within the statute;
and this is confirmed by the statute of the 29th
Car. 2d. cap. 3--And if the husband die before
administration granted to him, his executors or
administrators, and not the wife's next of kin,
shall be entitled, 1 P. Will. 381; but if the
wife was the executrix, or administratrix of
another, then, as to the goods she had, in such
capacity, administration must be granted to the
next of kin of the person, on whose estate she
adminstred.
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To whom administration
is to be granted.
To the husband
of his
wife's goods. |
If the intestate be a married man, the administration
is to be granted to the widow, or to
the next of kin, as the commissary shall think
fit, or to both, if he pleases, and this either
jointly or separately; for he may grant several
administrations of several parts of the goods of
the intestate; but if the intestate leave a bond,
an administration cannot be granted of part of
the sum due to one, and part to another, because
it is an entire thing. 1 Salk. 36.
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To the wife
of the husband's
goods,
or to the next
of kin, at discretion. |
