Davis v. Smith

In this state, proceedings for the ap-

pointment of an administrator are statutory, and decisions from other jurisdictions are not of great assistance in the determination of a question such as the one before us.

In the case at bar, no person within a preferred class has applied for appointment. The petition of Finley & Son, Inc., an alleged creditor, does not place Smith in that class.

“Statutes regulating the order in which administration may be granted are mandatory and leave the courts no discretion in the matter, save where there are two or more persons equally entitled under the statute,…