ADDITIONALES count. He should have replied that he is a gen tleman. Additions of mystery are such as scrivener, painter, printer, manufacturer, etc. Additions of places are descriptions by the place of residence, as A. B. of Philadelphia, and the like. See Bacon, Abr. Addition; Doctr. Plac. 71; 2 Viner, Abr. 77; 1 Lilly, Reg. 39; 1 Metc. Mass. 151. a revocation of the bequest, is considered in law as equivalent thereto, or indicative of an intention to revoke. The question of ademption of a general legacy depends entirely upon the intention of the testator, as inferred from his acts under the rules established in law. Where the relations of the parties are such that the legacy is, in law, considered as a portion, an advancement during the life of the testator will be presumed an ademption, at least, to the extent of the amount advanced; 5 Mylne & C. 29; 3 Hare, 509; 10 Ala. N. s. 72; 12 Leigh, 1; and see 3 Clark & F. 154; 18 Ves. 151, 153; but not where the advancement and portion are not ejusdem generis; 1 Brown, Ch. 555; 1 Roper, Leg. 375; or where the advancement is contingent and the portion certain; 2 Atk. 493; 3 Mylne & C. 374; or where the advancement is expressed to be in lieu of, or compensation for, an interest; 1 Ves. 257; or where the bequest is of uncer The statute of additions extends only to the party indicted. An indictment, therefore, need not describe, by any addition, the person upon whom the offence therein set forth is alleged to have been committed; 2 Leach, Cr. Cas. 4th ed. 861; 10 Cush. 402. And if an addition is stated, it need not be proved; 2 Leach, Cr. Cas. 4th ed. 547; 2 Carr. & P. 230. But where a defendant was indicted for marrying E. C., "widow," his first wife being alive, it was held that the addition was material; 1 Mood. Cr. Cas. 303; 4 Carr. & P. 579. At common law there was no need of addition in any case; 2 Ld. Raym. 988; it was re-tain amount; 15 Ves. 513; 4 Brown, Ch. 494; quired only by stat. 1 Hen. V. c. 5, in cases where process of outlawry lies. In all other cases it is only a description of the person, and common reputation is sufficient; 2 Ld. Raym. 849. No addition is necessary in a Homine Replegiando; 2 Ld. Raym. 987; Salk. 5; 1 Wils. 244, 245; 6 Coke, 67. In French Law. A supplementary process to obtain additional information; Guyot, Répert. ADDITIONALES. Additional terms or propositions to be added to a former agree ment. ADDRESS. In Equity Pleading. That part of a bill which contains the appropriate and technical description of the court where the plaintiff seeks his remedy; Cooper, Eq. Plead. 8; Barton, Suit in Eq. 26; Story, Eq. Plead. § 26; Van Heythuysen, Eq. Draft. 2. In Legislation. A formal request addressed to the executive by one or both branches of the legislative body, requesting him to perform some act. It is provided as a means for the removal of judges who are deemed unworthy longer to occupy their situations, although the causes of removal are not such as would warrant an impeachment. It is not provided for in the Constitution of the United States; and even in those states where the right exists it is exercised but seldom, and generally with great unwillingness. ADELANTADO. In Spanish Law. The military and political governor of a frontier province. His powers were equivalent to those of the president of a Roman province. He commanded the army of the territory which he governed, and, assisted by persons learned in the law, took cognizance of the civil and criminal suits that arose in his province. This office has long since been abolished. ADEMPTION (Lat. ademptio, from adimere, to take away). The extinction or withholding of a legacy in consequence of some act of the testator which, though not directly but see 2 Hou. L. Cas. 131; or where the legacy is absolute and the advancement for life merely; 2 Ves. sen. 38; 7 Ves. 516; or where the devise is of real estate; 3 Younge & C. 397. But where the testator was not a parent of the legatee, nor standing in loco parentis, the legacy is not to be held a portion, and the rule as to ademption does not apply; 2 Hare, 424; 2 Story, Eq. Jur. § 1117; except where there is a bequest for a particulat purpose and money is advanced by the testator for the same purpose; 2 Brown, Ch. 166; 7 Ves. 516; 1 Ball & B. 303; see 3 Atk. 181; 6 Sim. 528; 3 Cas. 139; 15 Pick. 133; 1 Roper, Leg. c. 6. Mylne & C. 359; 2 P. Will. 140; 1 Pars. Eq. effected by the extinction of the thing or Republication of a will may prevent the effect of what would otherwise cause an ademption; 1 Roper, Leg. 351. ADHERING (Lat. adhærere, to cling to). Cleaving to, or joining; as, adhering to the enemies of the United States. The constitution of the United States, art. 3, s. consist only in levying war against them, or in ad3, defines treason against the United States to hering to their enemies, giving them aid and comfort. ADITUS A citizen's cruising in an enemy's ship, with a design to capture or destroy American ships, would be an adhering to the enemies of the United States; 4 State Trials, 328; Salk. 634; 2 Gilbert, Ev., Lofft ed. 798. If war be actually levied, that is, a body of men be actually assembled for the purpose of effecting by force a treasonable enterprise, all those who perform any part, however minute, or however remote from the scene of action, and who are leagued in the general conspiracy, are to be considered as traitors; 4 Cranch, 126. ADITUS (Lat. adire). An approach; way; a public way; Coke, Litt. 56 a. ADJACENT. Next to, or near. a Two of three lots of land might be described as adjacent to the first, while only the second could be said to be adjoining; 1 Cooke, Tenn. 128. It may be raised not only on a decree of court, but also where the debt is for a liquidated sum. The execution of a summons and notice to the opposite party prevents any transfer of the estate. Every creditor who obtains a decree within a year and a day is entitled to share with the first creditor, and, after ten years' possession under his adjudication, the title of the creditor is complete; Paterson, Comp. 1137, n. is regulated by statute 1672, c. 19, Feb. 26, 1684. See Erskine, lib. 2, c. 12, §§ 15, 16. to). The matter ADJUNCTION (Lat. adjungere, to join In Civil Law. The attachment or union permanently of a thing belonging to one person to that belonging to another. This union may be caused by inclusion, as if one man's diamond be set in another's ring; by soldering, as if one's guard be soldered on another's sword; by sewing, as by employing the silk of one to make the coat of another; by construction, as by building on another's land; by writing, as when one writes on another's parchment; or by painting, as when one paints a picture on another's canvas. ADJOURN (Fr. adjourner). To put off; to dismiss till an appointed day, or without any such appointment. See ADJOURNMENT. ADJOURNED TERM. A continuation of a previous or regular term; 4 Ohio St. 473; In these cases, as a general rule, the acces 22 Ala. N. s. 27. The Massachusetts Gene-sory follows the principal: hence those things ral Statutes, c. 112, § 26, provide for hold- which are attached to the things of another ing an adjourned law term from time to time. become the property of the latter. The only ADJOURNMENT. The dismissal by exception which the civilians made was in the some court, legislative assembly, or properly case of a picture, which, although an accession, authorized officer, of the business before drew to itself the canvas, on account of the them, either finally (which, as popularly importance which was attached to it; Inst. 2. used, is called an adjournment sine die, with- 1. 34; Dig. 41. 1. 9. 2. The common law out day), or to meet again at another time implicitly adopts the civil law doctrines. appointed (which is called a temporary ad- 2 Bla. Com. 404; 1 Bouvier, Inst. n, 499. journment). The constitution of the United States, art. 1, s. 5, 4, directs that "neither house, during the session of congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting." See Comyns, Dig.; Viner, Abr.; Dict. de Jur. In Civil Law. A calling into court; a summoning at an appointed time; Du Cange. ADJOURNMENT DAY. In English Practice. A day appointed by the judges at the regular sittings for the trial of causes at nisi prius. ADJOURNMENT DAY IN ERROR. In English Practice. A day appointed some days before the end of the term at which matters left undone on the affirmance day are finished; 2 Tidd, Pract. 1224. ADJOURNMENT IN EYRE. The appointment of a day when the justices in eyre mean to sit again; Cowel; Spelman, Gloss.; 1 Bla. Com. 186. ADJUDICATAIRE. In Canadian Law. A purchaser at a sheriff's sale. See 1 Low. Can. 241; 10 id. 325. ADJUDICATION. In Practice. A judgment; giving or pronouncing judgment in a case. In Scotch Law. A process for transferring the estate of a debtor to his creditor; Erskine, Inst. lib. 2, tit. 12, §§ 39-55; Bell, Dict., Shaw ed. 944. Sce ADJUNCTS. Additional judges sometimes appointed in the High Court of Delegates. See Shelford, Lun. 310. The ADJUSTMENT. In Insurance. determining of the amount of a loss; 2 Phillips, Ins. §§ 1814, 1815. There is no specific form essentially requisite to an adjustment. To render it binding, it must be intended, and understood by the parties to a policy, to be absolute and final. It may be made by indorsement on the policy, or by payment of the loss, or the acceptance of an abandonment; 2 Phillips, Ins. § 1815; 4 Burr. 1966; 1 Campb. 134, 274; 4 Taunt. 725; 13 La. 13; 4 Mete. Mass. 270; 22 Pick. 191. If there is fraud by either party 2 Phillips, Ins. § 1316; 2 Johns. Cas. 233; 3 to an adjustment, it does not bind the other; Campb. 319. If one party is led into a material mistake of fact by fault of the other, the adjustment will not bind him; 2 Phillips, Ins. § 1817; 2 East, 469; 2 Johns. 157; 8 id. 334; 4 id. 331; 9 id. 405; 2 Johns. Cas. 233. The amount of a loss is governed by that of the insurable interest, so far as it is covered by the insurance. See INSURABLE INTEREST; ABANDONMENT; May, Insurance. ADMEASUREMENT OF DOWER. In Practice. A remedy which lay for the heir on reaching his majority, to rectify an assignment of dower made during his minor ADMEASUREMENT ity, by which the doweress had received more than she was legally entitled to; 2 Bla. Com. 136; Gilbert, Uses, 379. The remedy is still subsisting, though of rare occurrence. See 1 Washb. R. P. 225, 226; 1 Pick. 314; 2 Ind. 336. In some of the states, the special proceeding which is given by statute to enable the widow to compel an assignment of dower, is termed an admeasurement of dower. See, generally, DOWER; Fitzherbert, Nat. Brev. 148; Bacon, Abr. Dower, K; Coke, Litt. 39 a; 1 Washb. R. P. 225, 226. ADMEASUREMENT OF PASTURE, In Practice. A remedy which lay in certain cases for surcharge of common of ture. pas It lay where a common of pasture appurtenant or in gross was certain as to number; or where one had common appendant or appurtenant, the quantity of which had never been ascertained. The sheriff' proceeded, with the assistance of a jury of twelve men, to admeasure and apportion the common as well of those who had surcharged as those who had not, and, when the writ was fully executed, returned it to the superior court. Termes de la Ley. The remedy is now abolished in England; 3 Sharsw. Bla. Com. 239, n.; and in the United States; 3 Kent, 419. ADMINICLE. In Scotch Law. Any writing or deed introduced for the purpose of proof of the tenor of a lost deed to which it refers; Erskine, Inst. lib. 4, tit. 1, § 55; Stair, Inst. lib. 4, tit. 32, §§ 6, 7. In English Law. Aid; support; stat. 1 Edw. IV. c. 1. ADMINISTERING POISON. An offence of an aggravated character, punishable under the various statutes defining the offence. The stat. 9 G. IV. c. 31, s. 11, enacts "that if any person unlawfully and maliciously shall administer, or attempt to administer, to any person, or shall cause to be taken by any person, any poison or other destructive thing," etc., every such offender, etc. In a case which arose under this statute, it was decided that, to constitute the act of administering the poison, it was not absolutely necessary there should have been a delivery to the party poisoned, but that if she took it from a place where it had been put for her by the defendant, and any part of it went into her stomach, it was an administering; 4 Carr. & P. 369; 1 Mood. Cr. Cas. 114. The statute 7 Will. IV. & 1 Vict. c. 85 enacts that "whosoever, with intent to procure the miscarriage of any woman, shall unlawfully administer to her, or cause to be taken by her, any poison, or other noxious thing," shall be guilty of felony. Upon an indictment under this section, it was proved that the woman requested the prisoner to get her something to procure miscarriage, and 117 oner. ADMINISTRATION that a drug was both given by the prisoner and taken by the woman with that intent, but that the taking was not in the presence of the prishad caused the drug to be taken within the meanIt was held, nevertheless, that the prisoner ing of the statute; 1 Dears. & B. 127, 164. It is not sufficient that the defendant merely imagined that the thing administered would have the effect intended, but it must also appear that the 66 'poison" or a drug administered was either a "noxious thing." ADMINISTRATION (Lat. administrare, to assist in). Of Estates. The management of the estate of an intestate, or of a testator who has no executor; 2 Bla. Com. 494; 1 Williams, Ex. 401. The term is applied broadly to denote the management of an estate by an executor, and also the management of estates of minors, lunatics, etc. in those cases where trustees have been appointed by authority of law to take charge of such estates in place of the legal owners. At common law, the real estate of an intestate goes to his heirs; the personal, to his administrator. The fundamental rule is that all just debts shall be paid before any further disposition the king had the sole power of disposing of an of the property; Coke, 2d Inst. 398. Originally, intestate's goods and chattels. This power he early transferred to the bishops or ordinaries; and in England it is still exercised by their legal successors, the ecclesiastical courts, who appoint tion of estates; 4 Burns, Eccl. Law, 291; 2 Fonadministrators and superintend the administrablanque, Eq. 313; 1 Williams, Ex. 402. for collecting and preserving goods about to Ad colligendum. That which is granted these goods is under the form prescribed by perish (bona peritura). The only power over statute. Ancillary. That which is subordinate to the principal administration, for collecting the assets of foreigners. It is taken out in the country where the assets are locally situate; Kent, 43 et seq.; 1 Williams, Ex. [362], 6th Am. ed., note (u)—cases cited; 88 Penn. 131; 11 Mass. 256, 263; 44 Ill. 202; 32 Barb. 190; 57 Howard Pr. 208. Cæterorum. See CETERORUM. Cum testamento annexo. That which is granted where no executor is named in the will, or where the one named dies, or is incompetent or unwilling to act. Such an administrator must follow the statute rules of distribution, except when otherwise directed by the will; Willard, Ex.; 2 Bradf. 22; 4 Mass. 634; 6 Howard, 59, 60. The residu ary legatee is appointed such administrator rather than the next of kin; 2 Phil. 54, 310; 1 Ventr. 217; 4 Leigh, 152; 2 Add. 352; 1 Williams, Ex., 6 Am. ed. (462), notes (h)(i). De bonis non. That which is granted when the first administrator dies before having fully administered. The person so appointed has in general the powers of a common administrator; Bacon, Abr. Executors, B, 1; Rolle, Abr. 907; 22 Miss. 47; 27 Ala. 273; 9 Ind. 342; 4 Sneed, 411; 31 Miss. 519; 29 Vt. 170; 11 Md. 412; 6 Metc. 197, 198. ADMINISTRATION 118 ADMINISTRATION De bonis non cum testamento annexo. That eign state, but a suit cannot be brought withwhich is granted when an executor dies leav-out taking out letters in that state; 2 Ala. ing a part of the estate unadministered; 429; 18 Miss. 607; 2 Sandf. Ch. N. Y. 173. Comyns, Dig. Adm. B, 1; 3 Cush. 28; 4 See CONFLICT of Laws. Watts, 34, 38, 39. Durante absentia. That which subsists during the absence of the executor and until he has proved the will. In England, by statute, such an administration is raised during the absence of the executor, and is not determined by the executor's dying abroad; 4 Hagg. Eccl. 360; 3 Bos. & P. 26; see 5 Rawle, 264. Durante minori ætate. That which is granted when the executor is a minor. It continues until the minor attains his lawful age to act, which at common law is seventeen years; Godolph. 102; 5 Coke, 29. When an infant is sole executor, the statute 38 Geo. III. c. 87, s. 6 provides that probate shall not be granted to him until his full age of twentyone years, and that adm. cum test. annexo shall be granted in the mean time to his guardian or other suitable person. A similar statute provision exists in most of the United States. This administrator may collect as sets, pay debts, sell bona peritura, and perform such other acts as require immediate attention. He may sue and be sued; Bacon, Abr. Executor, B, 1; Cro. Eliz. 718; 2 Bla. Com. 503; 5 Coke, 29; 35 N. H. 484, 493. Foreign administration. That which is exercised by virtue of authority properly conferred by a foreign power. The general rule in England and the United States is that letters granted abroad give no authority to sue or be sued in another jurisdiction, though they may be ground for new probate authority; 5 Ves. 44; 9 Cranch, 151; 12 Wheat. 169; 2 Root, 462; 20 Mart. La. 232; 1 Dall. 456; 1 Binn. 63; 27 Ala. 273; 9 Tex. 13; 21 Mo. 434; 29 Miss. 127; 4 Rand. 158; 10 Yerg. 283; 5 Me. 261; 35 N. H. 484; 4 McLean, C. C. 577; 15 Pet. 1; 13 How. 458. Hence, when persons are domiciled and die in one country as A, and have personal property in another as B, the authority must be had in B, but exercised according to the laws of A; Story, Confl. Laws, 23, 447; 15 N. H. 137; 15 Mo. 118; 5 Md. 467; 4 Bradf. 151, 249; and see DOMICIL. There is no legal privity between administrators in different states. The principal administrator is to act in the intestate's domicile, and the ancillary is to collect claims and pay debts in the foreign jurisdiction and pay over the surplus to his principal; 2 Metc. Mass. 114; 3 Hagg. Eccl. 199; Humph. 116; 21 Conn. 577; 19 Penn. St. 476; 3 Day, 74; 1 Blatchf. & H. 309; 23 Miss. 199; 2 Curt. Eccl. 241; 1 Rich. 116. But some courts hold that the probate of a will in a foreign state, if duly authenticated, dispenses with the necessity of taking out new letters in their state; 5 Ired. 421; 2 B. Monr. 12; 18 id. 582; 4 Call, 89; 15 Pet. 1; 7 Gill, 95; 12 Vt. 589. So it has been held that possession of property may be taken in a for- | Pendente lite. That which is granted pending the controversy respecting an alleged will or the right of appointment. An officer of the court is appointed to take care of the estate only till the suit terminates; 2 P. Will. 589; 2 Atk. 286; 2 Lee, 258; 1 Hagg. Eccl. 313; 26 N. H. 533; 9 Tex. 13; 16 Ga. 13; 18 N. J. L. 15. He may maintain suits, but cannot distribute the assets; 1 Ves. sen. 325; 2 Ves. & B. 97; 1 Ball & B. 192; 7 Md. 282; 31 Penn. St. 465; 51 Mo. 193. Public. That which the public administrator performs. This happens in many of the states by statute in those cases where persons die intestate, without leaving any who are entitled to apply for letters of administration; 3 Bradf. 151; 4 id. 252. Special. That which is limited either in time or in power. Such administration does not come under the statutes of 31 Edw. III. c. 11, and 21 Hen. VIII. c. 5, on which the modern English and American laws are founded. A judgment against a special administrator binds the estate; 1 Sneed, 430. Jurisdiction over administrations is in England lodged in the ecclesiastical courts, and these courts delegate the power of administering by letters of administration. In the United States, administration is a subject charged upon courts of civil jurisdiction. A perplexing multiplicity of statutes defines the powers of such courts in the various states. The public officer authorized to delegate the trust is called surrogate, judge of probate, registrar of wills, etc.; Williams, Ex. 237, notes; 8 Cranch, 536; 12 Gratt. 85; 1 Watts & S. 396; 11 Ohio, 257; 22 Ga. 431; 29 Miss. 127; 2 Gray, 228; 2 Jones (N. C.), 387. In some states, these courts are of special jurisdiction, while in others the power is vested in county courts; 2 Kent, 410; 9 Dana, 91; 4 Johns. Ch. 552; 4 Md. 1; 11 S. & R. 432; 7 Paige, Ch. 112; 1 Green, N. J. 480; 1 Hill, N. Y. 130; 5 Miss. 638; 12 id. 707; 30 id. 472. Death of the intestate must have taken place, or the court will have no jurisdiction. A decree of the court is prima facie evidence of his death, and puts the burden of disproof upon the party pleading in abatement; 3 Term, 130; 26 Barb. 383; 18 Ohio, 268. The formalities and requisites in regard to valid appointments and rules, as to notice, defective proceedings, etc., are widely various in the different states. Some of the later cases on the subject are these: 26 Mo. 332; 28 Vt. 819; 28 Ala. N. s. 164, 218; 29 id. 510; 1 Bradf. 182; 2 id. 200; 16 N. Y. 180; 4 Ind. 355; 10 id. 60; 18 Ill. 59; 31 Miss. 430; 12 La. Ann. 44. If letters appear to have been unduly granted, or to an unfaithful person, they will be revoked; 9 Gill, 463; 12 Tex. 100; 18 Barb. 24; 14 Ohio, 268; 4 Sneed, 263; 6 Metc. 370. ADMINISTRATOR 119 ADMINISTRATOR The personal property of a decedent is ap- appointment.-The husband has his wife's propriated to the payment of his debts, so far personal property, and takes out administra as required, and, until exhausted, must be tion upon her estate. But in some states it is first resorted to by creditors. And, by cer- not granted to him unless he is to receive the tain statutes, courts may grant an adminis- property eventually. So the widow can orditrator power to sell, lease, or mortgage land, narily claim sole administration, though in the when the personal estate of the deceased is discretion of the judge it may be refused her, not sufficient to pay his debts; 1 Bradf. 10, or she may be joined with another; 2 Bla. Com. 182, 234; 2 id. 50, 122, 157; 29 Ala. N. s. 504; Williams, Ex. 342; 18 Pick. 26; 10 210, 542; 4 Mich. 308; 4 Ind. 468; 18 Ill. Md. 52; 56 Ala. 270. 519. The purchasers at such a sale get as full a title as if they had been distributees; but no warranty can be implied by the silence of the administrator; 2 Stockt. 206; 20 Ga. 588; 13 Tex. 322; 30 Miss. 147, 502; 31 id. 348, 430. And a fraudulent sale will be annulled by the court; 16 N. Y. 174; 2 Bradf. 200. See ASSETS. Insolvent estates of intestate decedents are administered under different systems prescribed by the statutes of the various states; 4 R. I. 41; 34 N. H. 124, 381; 35 id. 484; 1 Sneed, 351; 3 Johns. Ch. 58. See, generally, Raff; Redfield; Toller; Williams; Willard, on Executors; Blackstone; Kent; Story, Conflict of Laws; DOMICIL; CONFLICT OF LAWS. Of Government. The management of the executive department of the government. Second in order of appointment are the next of kin. Kinship is computed by the civil-law rule. The English order, which is adopted in some states, is, first, husband or wife; second, sons or daughters; third, grandsons or granddaughters; fourth, great-grandsons or great-granddaughters; fifth, father or mother; sixth, brothers or sisters; seventh, grandparents; eighth, uncles, aunts, nephews, nieces, etc.; 1 Atk. 454; 1 P. Will. 41; 2 Add. Eccl. 352; 24 Eng. L. & Eq. 593; 12 La. Ann. 610; 2 Kent, 514; 56 Ala. 539. In New York the order is, the widow; the children; the father; the brothers; the sisters; the grandchildren; any distributee being next of kin; 2 N. Y. Rev. Stat. 74; 1 Bradf. 64, 200, 259; 2 id. 281, 322; 4 id. 13, 173; 3 Redf. 512. When two or three are in the same degree, the probate judge or surrogate may decide between them; and in England he is usually Those charged with the management of the executive department of the government. ADMINISTRATOR. A person author-guided by the wishes of the majority of those ized to manage and distribute the estate of an intestate, or of a testator who has no ex ecutor. In English law, administrators are the officers of the Ordinary appointed by him in pursuance of the statute, and their title and authority are derived exclusively from the ecclesiastical judge, by grants called letters of administration. Wil liams, Ex. 331. At first the Ordinary was appointed administrator under the statute of Westm. 2d. Next, the 31 Edw. III. c. 11, required the Ordinary to appoint the next of kin and the relations by blood of the deceased. Next, under the 21 Hen. VIII., he could appoint the widow, or next of kin, or both, at his discretion. The appointment of the administrator must be lawfully made with his consent, and by an officer having jurisdiction. If an improper administrator be appointed, his acts are not ⚫ void ab initio, but are good, usually, until his power is rescinded by authority. But they are void if a will had been made, and a competent executor appointed under it; 8 Cra. 23; 1 Dane, Abr. 556-561; 73 N. Y. 292. But, in general, anybody can be administrator who can make a contract. An infant cannot; a feme covert may, with her husband's permission; 4 Bac. Abr. 67; 3 Salk. 21. Improvident persons, drunkards, gamblers, and the like, are disqualified by statute; 6 N. Y. 443; 14 id. 449; 30 N. J. 106. interested. This discretion, however, is controlled by certain rules of priority concerning equigradal parties, which custom or statute has made. Males are generally preferred to females, though from no superior right. Elder sons are preferred to younger, usually, and even when no doctrine of primogeniture subsists. So solvent persons to insolvent, though the latter may administer. So business men to others. So unmarried to married women. So relations of the whole blood to those of the half blood. So distributees to all other kinsmen. The appointment in all cases is voidable when the court did not give a chance to all parties to come in and claim it. In Massachusetts an administrator cannot be appointed within thirty days, so as to deprive the widow and the next of kin. In general, see Williams, Ex. 251; 1 Salk. 36; 15 Barb. 302; 6 N. Y. 443; 5 Cal. 63; 4 Jones (N. C.), 274; 87 Penn. 163. Third in order of appointment.-Creditors (and, ordinarily, first the largest one) have the next right. To prevent fraud, a creditor may be appointed when the appointee of the two preceding classes does not act within a reasonable time. In the United States a creditor may make oath of his account to prove his debt, but no rule establishes the size of the debt necessary to be proved before apPersons holding certain relations to the in-pointment; 1 Cush. 525. After creditors, testate are considered as entitled to an appointment to administer the estate in established order of precedence; 3 Redf. 512. Order of appointment.-First in order of any suitable person may be appointed. Generally, consuls administer for deceased aliens; but this is by custom only, and in England there is no such rule. |