Friese's Estate

Opinion by

Mr. Justice Kephart,

The court below was of the opinion that, under the Act of June 7, 1917, P. L. 447, section 2 (c), as amended by the Act of May 13, 1925, P. L, 687, where a spouse sur vives the deceased the “statute ... is explicit that the survivor be preferred over all other persons” in appointment as administrator. The Act of 1917 reenacted the Act of March 15, 1832, P. L. 135. In granting letters, the register acts in a quasi judicial capacity: Phillip’s Est., 293 Pa. 351, 355. The act sets up distinct classes of persons eligible for appointment as administrators. Within the…