ADMINISTRATOR. A person author 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 de rived exclusively from the ecclesiastical judge, by grants called letters of administration. Williams, Ex. 331. At first the Ordinary was appointed ad ministrator under the statute of Westm. 2d. Next, the 31 Edw. III. o. 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.
2. The appointment of the administrator must be lawfully made with his consent, and by an officer having jurisdiction. If an im proper administrator be appointed, his acts are not void ab initio, but are good, usually, until his power is rescinded by authority.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 Cranch, 23 ; 11 Mass. 512 ; 21 Barb. N. Y. 311 ; 1 Dane, Abr. 556-561. But, in general, anybody can be administrator who can make a contract An infant or fenze co vert cannot. So, improvident persons, ards, gamblers, and the like, are disqualified by statute. 6 N. Y. 443 ; 14 id. 449.
Persons holding certain relations 1c the intestate are considered as entitled to an ap pointment to administer the estate in esta blished order of precedence.
3. Order of appointment.—First in order of appointment.—The husband has his wife's personal property, and takes out administra tion upon her estate. But in some states it is not granted to him unless he is to the property eventually. SO the widow can ordinarily claim sole administration, though in the discretion of the judge it may he re fused her, or she may be joined with another. 2 Blackstone, Comm. 504 ; Williams, Ex. 342 ; 18 Pick. Mass. 26 ; 10 Md. 52.
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, grand sons or granddaughters ; fourth, great-grand sons or great-granddaughters; fifth, father or mother; sixth, brothers or sisters; seventh, grandparents; eighth, uncles, aunts, nephews, nieces, &c. 1 Atk. Ch. 454; 1 P. Will. Ch. 41 ;
2 Add. Eccl. 352 ' • 24 Eng. L. & Eq. 593 ; 12 La. Ann. 610 ; 2 Kent, Comm. 514.
In New York the order is, the widow ; the children ; the father ; the brothers ; the sis ters ; the grandchildren ; any distributee being next of kin. 2 N. Y. Rev. Stat. 74 ; 1 Brad*. Surr. N. Y. 64, 200, 259; 2 id. 281, 322; 4 id. 13, 173.
When two or three are in the same degree, the probate judge or surrogate may decide between them ; and in England he is usually guided by the wishes of the majority of those interested. This discretion, however, is con trolled 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 sub sists. 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 kins men.
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 Massa chusetts 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. N. Y. 302 ; 6 N. Y. 443 ; 5 Cal. 63 ; 4 Jones, No. C. 274.
4. Third in order of appointment.—Cre ditors (and, ordinarily, first the largest onc) have the next right. To prevent fraud, a cre ditor 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 ac count to prove his debt, but no rule esta blishes the size of the debt necessary to be proved before appointment. 1 Cush. Mass. 525. After creditors, 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.