In Re Estate of Smith

The statute authorizing clerks of the Superior Court to grant letters of administration, both in cases of intestacy and with the will annexed, prescribes the order in which persons shall be entitled to he granted letters of administration in case of intestacy and sets out the classes having priority or preferential right to the appointment: (1) The husband or widow, (2) the next of kin in the order of their degree; (3) the most competent creditor; (4) any other competent person. C. S., 6.

There is no express provision in the statute requiring the clerk to recognize the right of one belonging…