In Re the Estate of Edwards

The appeal presents this solitary question: Did the judge err in affirming the order of the clerk refusing to grant administration to the petitioner?

The right to administer on the estate of an intestate is entirely statutory. Generally speaking, the right is given to the surviving spouse, the next of kin, the creditors, and other persons legally competent, in the order named. G.S. 28-6. As here used, the term “next of kin” means those persons who take the surplus of the personal estate of an intestate under the statute of distribution. Henry v. Henry, 31 N.C. 278; Weaver v. Lamb, 140 Iowa…