In New York the order is, the widow ; the children ; the father ; the brothers ; the sis ters ; the grandchildren ; any distributee be-, ing next of kin ; McCosker v. Golden, 1 Bradf. (N. Y.) 64 ; Peters v. Public Adm'r, 1 Bradf. (N. Y.) 200 ; In re Com'rs of Emi gration, 1 Bradf. (N. Y.) 259.
When two or three are in the same degree, the probate judge may decide between them ; and in England he is usually guided by the wishes of the majority of those interested. This discretion, however, is controlled by cer tain rules of priority as to persons of equal grades, 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. As between kindred of equal de gree a son will be preferred to a daughter ; In re Hill's Estate, 55 N. J. Eq. 764, 37 Atl. 952 ; and although generally men of the same degree are preferred to women, a niece is preferred to a grand-nephew, being one de gree nearer ; In re Hawley's Estate, 37 Misc. 667, 76 N. Y. Supp. 461. The next of kin hav ing the right of administration and not de siring to exercise it may nominate another in his stead, who shall be nominated if fit and suitable under the same rules which would be applied to the next of kin himself ; In re Wooten's Estate, 114 Tenn. 289, 85 S. W. 1105 ; a non-resident may be an administra tor ; Fulgham v. Fulgham, 119 Ala. 403, 24 South. 851; Jones v. Smith, 120 Ga. 642, 48 S. E. 134.
The appointment in all cases is voidable when the court did not give a chance to all parties to come in and claim it.
Third in order of appointment.—Creditors (and, ordinarily, first the largest one) have the next right ; 67 Law T. (N. S.) 503. A creditor has no right of administration if there are next of kin ; In re Barr's Estate, 38 Misc. 355, 77 N. Y. Supp. 935 ; but if there be no widow and next of kin, a creditor is entitled to administration; Stebbins v. Palm
er, 1 Pick. (Mass.) 71, 11 Am. Dec. 146. To prevent fraud, a creditor may be appointed when the appointee of the two preceding class es does not act within a reasonable time. 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 appointment ; Arnold • v. Sabi9, 1 Cush. (Mass.) 525. After creditors, any suitable person may be appointed. Generally, consuls administer for deceased aliens ; and this is sometimes provided by treaties, which see.
Where all the persons applying for appoint ment are equally qualified, and competent, the court must appoint the one having a prior right under the statute, and it has no tion ; In re Nickels, 21 Nev. 462, 34 Pac. 250.
Co-administrators, in general, must be join ed in suing and in being sued ; but, like ex ecutors, the acts of each, in the delivery, gift,. sale, payment, possession, or release of the intestate's goods, are the acts of all, for they have joint power ; Bac. Abr. Exec. C. 4 ; Com. Dig. Administration (B, 12) ; 1 Dane, Abr. 383; Saunders' Heirs v. Saunders' Ex'rs, 2 Litt. (Ky.) 315 ; Turner's Ex'rs v. Wilkins, 56 Ala. 173. If one is removed by death, or otherwise, the whole authority is vested in the survivor ; Lewis' Ex'rs v. Brooks, 6 Yerg. (Tenn.) 167 ; Treadwell v. Cordis, 5 Gray (Mass.) 341; Shippen's Heirs v. Clapp, 29 Pa. 265. Each is liable only for the assets which have come into his hands, and is not liable for the torts of others except when guilty of negligence or connivance ; 2 Ves. 267 ; Ap peal of Jones, 8 Watts & S. (Pa.) 143, 42 Am. Dec. 282 ; Hall v. Carter, 8 Ga. 388 ; Smith's Ex'rs v. Chapman's Ex'r, 5 Conn. 19; Ap peal of Hengst, 24 Pa. 413 ; Boudereau v. Montgomery, 4 Wash. C. C. 186, Fed. Cas. No.. 1.694 ; Banks v. Wilkes, 3 Sandf. Ch. (N. Y.) 99 ; Atcheson v. Robertson, 3 Rich. Eq. (S C.) 132, 55 Am. Dec. 634.
A note payable to two administrators for a debt due the estate may be transferred by the endorsement of one ; Mackay v. St. Mary's Church, 15 R. I. 121, 23 Atl. 108, 2 Am. St. Rep. 881; a surviving administrator has full power to act alone ; Saul v. Frame, 3 Tex. Civ. App. 596, 22 S. W. 984.