Churchill v. Prescott

The Surrogate.

The husband of a sister of the intestate having applied for administration, on the return of the citation the intestate’s brother appeared, and claimed priority of right to administer. The claim was contested, on the ground that the brother was indebted to the intestate at the time of his decease, and is thereby incompetent to administer.

The statute not only prescribes the order of preference between the next of kin, in relation to the grant of administration, but also declares the rule of competency. Indebtedness to the estate, is not one of the circumstances specified in the…