Kelly v. McClary

The question in this case is whether appellant, as nominee of the only resident brother- of Frank Marco, deceased, is entitled to administer the estate in preference to appellee, the only resident sister of the decedent.

The facts are not in dispute. Frank Marco died intestate on April 24, 1941. He left surviving him as his only heirs-at-law, August Marco, his brother, and appellee, Bose McClary, his sister, both residing in this State; a sister, a nephew and two nieces, who are nonresidents; and two nieces living in Illinois. No question is involved as to any right of the nonresidents or the…