the effects of the husband to the widow or next of kin, but he may grant it to either or both at his dis cretion c. If the widow renounce administration it shall be granted to the children, or other next of kin of the intestate, in preference to creditors. The ordinary may also grant administration of part to the wife and of part to the next of kin ", e Consanguinity or kindred is the connexion of per- of the degrees of sons who are descended from the same common an- kindred. cestor, and may be either lineal or collateral. Lineal consanguinity is that which subsists between persons, one of whom is descended from the other in a direct line, as between a man and his father, grandfather, &c. ascending, and his son, grandson, &c. descending. Every generation in this kind of consanguinity constitutes a different degree. Thus a man is related to his father and his sons in the first degree, to his grandfather and grandson in the second degree, and so on. Collateral relationship agrees with lineal, in that the parties are descended from the same common ancestor; but differs, inasmuch as they are not descended one from the other: thus, brothers, cousins, uncles and nephews, are of course collaterally related. The mode of calculating the degrees of relationship is by counting upwards from one of the parties to the common ancestor, and from the common an 11 Vin. Abr. 92. Str. 552. • 11 Vin. Abr. 71. 3 Bac. Abr. 55. 1 Salk. 38. 2 Bl. Com. 202. Where a married woman, a minor, is cestor down again to the other party, reckoning one degree for each person'. Of these kindred those are to be preferred who are most nearly related. Of the next of kin, first the children, or if there be none of them, the father, or, if he be dead, the mother, is entitled to administration. Then follow in order, brothers whether of the whole or half blood, grandfathers, uncles or nephews; and in the last place cousins, and the females of each class in the same order. Relations by the father's and mother's side are equally entitled, provided they are in equal degrees of kindred. A married woman who is entitled, cannot obtain administration without the permission of her husband, because he must enter into the administration bond, unless it can be shewn by affidavit that he is abroad, or otherwise incompetent, in which case a stranger may join in the security; but in either case the administration is granted to her alone". If a married woman who is not of age be the next of kin, she may chuse her husband to be her guardian next of kin to take the administration for her use and benefit during her minority; and on her coming of age a new administration may be granted to her. There are certain legal disqualifications which may prevent a person from being an administrator, besides those which would disable him from acting as an executor; as being attainted of treason or felony, outlawry, imprisonment, absence beyond sea; but an alien, who might have been an executor, may be an administrator'. No person can properly act as an administrator until letters of administration are granted to him; but if he omits taking out letters of administration. within six months from the time he administers, he incurs by statute 37 Geo. III. c. 90. § 10. a penalty of 50l. Letters of administration, unless in particular cases (as where the effects left are of a perishable nature, in which case the judge may decree them sooner,) do not issue until fourteen days after the decease of the intestate*. person When a person applies for letters of administra- What a tion, he must swear that as far as he knows and be- must do in taking out lieves the deceased made no will, and that he will letters. truly administer the goods, chattels, and credits, by paying the deceased's debts as far as the property will extend, and that he will make a true and perfect inventory of all the goods, chattels and credits, and exhibit the same into the registry of the spiritual court at the time assigned him by that court, and render a just account of his administration when lawfully required. He must also, pursuant to the 21 Hen. VIII. c. 5. and 22 and 23 Car. II. c. 10. enter into a bond with two or more sureties conditioned for the performance of those duties. 19 Co. 39 b. 4 Burn's Ecc. L. 233. 4 Burn's Ecc. L. 242. An administration once committed to one of the next of kin excludes others, though equally related to the deceased, the maxim being "qui prior est tempore potior est jure'." Of administration with the will annexed. Of administration during the SECTION IV. Of particular and supplementary Administrations, and such as are granted on the death of an Executor or Administrator intestate. IF no executor be named in a will, or one be named who dies in the life-time of the testator, or if he be incompetent to execute the office, or refuses to act, administration with the will annexed must be granted; though, if he subsequently becomes competent, such administration is no longer of force. But in such cases administration will generally be granted to the residuary legatee if there be any, (even if it is uncertain whether there will be a residue,) rather than to the next of kin ". If the executor be a minor, administration must be granted until he comes of age (which by stat. 38 the execu- Geo. III. c. 87. is not until he is 21 years old); and if there be several executors, and all under age, infancy of tor, or executors. '11 Vin. Ab. 116. 1 Vent. 218. 11 Vin. Ab. 69. 2 Bl. Com. 503. ? 11 Vin. Ab. 90. 94. he who first attains the age of 21 years may prove the will, and the administration will cease. But the administration does not cease on the marriage of an infant executrix with a husband of full age. If one of the executors be of age, and the other a minor, he who is of age has the execution of the will". There is also another administration of this temporary kind which is granted during the absence of the executor, or next of kin; which lasts only till the executor or next of kin, respectively appear, and qualify themselves". pendency Another sort of administration is that which is During the granted while a suit is depending either with respect of a suit. to the will or the administration, which is called an administration " pendente lite." the next of When the next of kin cannot receive any benefit When all from the estate, and refuse the grant, the course is kin refuse. for the ordinary to issue a citation for the next of kin in special, and all others in general, to accept or refuse letters of administration, or shew cause why the Adminis tration by same should not be granted to a creditor; and if a creditor. several creditors apply for administration, though the court may prefer one of them; yet upon petition of the rest, it will compel him to enter into articles to pay debts of equal degree in equal proportions, without any preference of his own. ministra The ecclesiastical court will grant administration to Where adthe attorney of the executor, or of all the executors, tion will be granted to or of all the next of kin, if they do not reside within the attor 4 Burn's Ecc. L. 240. 4 Burn's Ecc. L. 240. 11 Vin. Ab. 99. 1 Mod. 47. • Roll. Abr. 907. '4 Burn's Ecc. L. 230. 2 Bl. Com. 505. |