Roe v. Pitts

(After stating the foregoing facts.) The second contention of the plaintiff in error will be first considered. This is to the effect that the ordinary had a discretion to issue letters of administration de bonis non to a creditor of the estate under the provisions of Code § 113-1202(5) which provides as follows: “Where no application shall be made by the next of kin, a creditor may be appointed; and among creditors, as a general rule, the one having the greatest interest shall be preferred.” Code § 102-103, which sets out the meaning of certain words in the construction of statutes, provides…