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To whom,
and tinder
what cir-
cumstances
letters of
administra-
tion may be
granted.
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to be put in suit by the executors, or the executors may obtain
an order for the purpose.
SEC. 6. In case any executor, executrix, administrator or
administratrix, shall die before the estate shall be fully admi-
nistered, letters of administration de bonis non shall be granted
to the person entitled agreeably to the rules herein before laid
down, and the proceedings shall in all respects be the same as
if administration 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 let-
ters, 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.
SEC. 7. The qualification of an administrator or administra-
trix shall, in all respects, be the same as those of an executor;
and the proceedings, to exclude such as prima facie appear
entitled to the administration of the estate of an intestate, shall
in all respects be the same as herein before directed for exclud-
ing any person named in a will as executor or executrix, pro-
vided 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 rela-
tions, 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.
SEC. 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 represen-
tative, and administration may be granted accordingly.
SEC. 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.
SEC. 10. If the intestate leave a widow, and a child or chil-
dren, administration, at discretion of the court, shall be granted
either to the widow or child, or one of the children.
SEC. 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.
SEC. 12. If there be neither widow, nor child, nor grand-
child, the father shall be preferred.
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