Hart v. Soward

Junan Marshall

delivered the opinion of the Court.

This case presents a contest for administration be* tween the surving husband and a brother and brother-in-law of a deceased feme covert, who died intestate and without near kindred. Under ordinary circumstances such a content would probably never arise, as the 29th section of the act of 1797, (Stat. Law, 661,) directs the County Court to grant administration to the representatives who apply, “preferring first the husband or wife, and then such others as are next entitled to distribution, or one or more of them as the Court shall judge will…