ADMINISTRATOR. The appointment of an administrator is required in the case of one who dies intestate.
The appointment of the administrator must be lawfiilly 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 If an improper administrator be appointed, his acts are not void ab initio, but are good, usually, until his power is rescinded by authority.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 com petent executor appointed under it ; Griffith v. Frazier, 8 Cra. (U. S.) 23, 3 L. Ed. 471; 1 Dane, Abr. 556-561; Beers v. Shannon, 73 N. Y. 292. But, in general, anybody may be administrator who can make a contract. An infant cannot ; McGooch v. McGooch, 4 Mass. 348 ; a feme covert may at common law with her husband's permission ; 4 Bac. Abr. 67 ; In re Gyger's Estate, 65 Pa. 311; English's Ex'r v. McNair's Adm'rs, 34 Ala. 40. Im provident persons, drunkards, gamblers, and the like are in some states disqualified by statute; McMahon v. Harrison, 6 N. Y. 443.
Failure to apply for administration within the time prescribed is a waiver by the party entitled to it under the statute ; In re Sprague's Estate, 125 Mich. 357, 84 N. W. 293 ; and the right of a creditor to be ap pointed administrator as "particular cred itor" is waived by his signing a petition for the appointment of another person ; In re Sullivan's Estate, 25 Wash. 430, 65 Pac. 793. , The formalities and requisites in regard to valid appointments and rules, as to notice, defective proceedings, etc., are widely vari ous in the different states. If letters appear to have been unduly granted, or to an un faithful person, they will be revoked; Cole v. Dial, 12 Tex. 100 ; Jeroms v. Jerome, 18 Barb. (N. Y.) 24 ; Marcy v. Marcy, 6 Mete. (Mass.) 370; as they may be where it appears that the estate has been wasted or misman aged ; Taylor v, Taylor, 154 Ill. App. 258.
The personal property of a decedent is ap propriated to the payment of his debts, so far as required, and must be first resorted to by Creditors. And, by statutes, courts may grant an, administrator power to sell, lease, or mort gage land, when the personal estate of the deceased is not sufficient to pay his debts ; Ferguson v. Broome, 1 Bradf. (N. Y.) 10 ;
Farrington v. King, 1 Bradf. (N. Y.) 182 ; Ren wick v. Renwick, 1 Bradf. (N. Y.) 234 ; Mathe son's Heirs v. Hearin, 29 Ala. 210 ; In re Es tate of Godfrey, 4 Mich. 308 ; Weed v. Ed monds, 4 Ind. 468 ; McCoy v. Morrow, 18 Ill. 519, 68 Am. Dec. 578. The court may direct lands to be sold in order to pay taxes levied against decedent's property ; Sales v. Cos grove (Ky.) 25 S. W. 594.
Persons holding certain relations to the in testate are considered as entitled to an ap pointment to administer the estate in estab lished order of precedence ; Bradley v. Brad ley, 3 Redf. (N. Y.) 512.
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 receive the property eventually. So the widow can ordinarily claim sole administration, though in the discretion of the judge it may be re fused her, or she may be joined with anoth er ; 2 Bla. Com. 504 ; Stearns v. Fiske. 18 Pick. (Mass.) 26 ; Edelen v. Edelen, 10 Md. 52 ; Jones v. Ritter's Adm'r, 56 Ala. 270 ; Scanlon's Estate, 2 Pa. Dist. R. 742. The widow is entitled to preference though she was not living with her husband at the time ; Ross' Estate, 11 Pa. Co. Ct. R. 601.
Second in order of appointment are the next of kin. Kinship is usually computed by the civil-law rule. The English order, which is adopted in some states, is, first, husband or wife ; ieeond, 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 P. Will. 41; 2 Add. Eccl. 352 ; Succession of Sloane, 12 La. Ann. 610 ; 2 Kent 514; Davis v. Swearingen, 56 Ala. 539.