In Re Stewart

Francis LeRoy Stewart died intestate leaving a six-year-old son, his only next of kin, now in the custody of his mother, the decedent's divorced wife. She applied for and was granted letters of administration by the surrogate of Somerset county. The decedent's father appealed to the orphans court claiming the right of administration as next of kin. The orphans court affirmed the decree of the surrogate and the father appealed to this court.

In view of the repeated adjudication, it is surprising that the action of the surrogate should be made a question. The father, it is true, was of the same…