Phillips v. Green
Tennessee Supreme Court
EROM CARROLL. Appeal from the judgment of the Circuit Court, May Term, 1870, reversing the order of the County Court. L. L. Hawkins, J. cited Heis. Big., 29; Stat. 1 Hen., 8, anno., 1509; Wright v. Wright, M. & Y., 42, 44; Wilson v. Frazier, 2 Hum., 31; Code, 41, repealing Act of 1715; Act of 1859-60, c. 36, s. 1, p. 29.
1Opinion of the CourtTubney, J.
By the provisions of the Act of 15th February, 1860, c. 36, the widow of an intestate is entitled in preference to all others, to letters of administration upon the estate of her deceased husband, if she desire or make application therefor. It can make no difference that she consents or elects to have a second person associated with her in the administration. In fact, it is better for the estate and its creditors and distributees, that a prudent, business man be connected with the administration. At all events, there is no good reason why the widow may not exercise her preferred election by…
2Cited by2 opinions
- In re Wooten's EstateTennessee Supreme Court · 1904
- Baker v. HuddlestonTennessee Supreme Court · 1873