In re Ward

The Surrogate. — What is the order of preference in the granting of letters of administration with the will annexed, on goods left unadministered by a former administrator with the will annexed, who has died?

The doubt which is thrown over this question, arises from the obscurity of the provision of the statute which prescribes the order of priority. The section is as follows:

“ § 45. If all such executors or administrators shall die, or become incapable, as aforesaid ; or the power and authority of all of them shall be revoked, according to law; the surrogate having authority to grant letters…