230. "Right of the Next-of-Kin (i.e., the nearest of consanguinity), in whatever degree they may be found, with or without a Widow of the Intestate (8th Class).—If all the above seven classes be extinct, recourse must be had to ascendants and collaterals successively in the fifth, sixth, seventh degree, &c., proceeding to that class in which the intestate's next-of-kin, if he have any, shall first be found, observing that whether there be one person only, or a plurality of persons of a previous class, such one, or such plurality of persons, will exclude all those who are of a subsequent class; the next-of-kin, if there be a widow, not barred by jointure, taking one-half of the clear surplus, and she the other; but if there be no widow, they take the whole.

231. "Right of the Queen, with or without a Widow of the Intestate (9th Class).-If a person of legitimate birth die intestate, without next-of-kin, and leave no widow, the Queen, as ultimus hæres, being entitled to what would otherwise have gone to the nextof-kin, will, in this case, take the whole of the intestate's personal estate, subject to his debts.

"If a bastard die intestate, without issue, and not leaving a widow, the Queen, as ultimus hæres, being entitled to what would otherwise have gone to the next-of-kin, will also in this case take the whole of the intestate's personal estate, subject to his debts.

232. "To whom Court will grant Administration.-If the intestate has died a bachelor, or a widower without issue, his father has exclusive right to administration notwithstanding the deceased has left a mother. The father would thus seem to be considered the sole next-of-kin of the intestate.

"The widow of the intestate takes administration in preference to the children or next-of-kin, unless the latter establish such a case of unfitness on her part as to induce the Court (in exercise of the discretion given to it by 21 Hen. 8 c. 5, § 3) to exclude her.

"If the intestate has left no widow, the intestate's children, or some or one of them, take the grant. They do so likewise if there is a widow who renounces, has died since the decease of the intestate, or is excluded by the Court in the exercise of its discretion, as I have just stated.

"The husband takes administration to his wife, jure mariti, by the common law, and his right to the administration of her personal property qua husband is recognised and declared by 29 Car. 2, c. 3, § 25, and 1 Jac. 2, c. 17, § 5.

Administration of a wife's estate will be granted to her next-of-kin upon the husband's renunciation and consent.

"If the husband of the intestate has survived her, but has died without having taken administration, the Court, on the ground of his interest, will grant administration to his legal personal representative, and not to her next-of-kin.

"But this rule being founded on the assumption that the beneficial interest vested in the husband, and devolved to his representative, and on the principle that the grant ought to follow the interest, is liable to be departed from in cases where it can be shown that the beneficial interest did not survive his life, and that the wife's separate property has, upon his decease, by the terms of the instrument constituting it, reverted to her own family.

"Another exception by which a husband's representative is passed over, has been made in cases where the 33rd Section of the Wills Act applies.

Where a daughter who had a legacy under her father's will died in his lifetime, leaving issue, and also her husband surviving, but who afterwards died likewise in the father's lifetime, the Court gave administration to a son of the daughter (the legatee), without requiring the renunciation or consent of the husband's representative.

"If the intestate has left neither widow, husband, father, nor children, the next-of-kin take administration.

"Those persons only are to be ranked as next-of-kin of an intestate who were such at the time of the intestate's death.

"If the widow renounce or has died since the decease of the intestate, or has been excluded by the Court in the exercise of its discretion, administration will be granted to the next-of-kin of the intestate.

"If the husband renounce and consent, administration will be granted to the next-of-kin of the intestate.

"If the intestate be a divorced woman, her next-of-kin take administration of her estate.

"The Court will grant administration to a stranger nominated by all the next-of-kin, but only if there be special circumstances to justify the grant-viz., under 20 & 21 Vict. c. 97, § 73.

"The Court gives administration to the husband of a sole next-ofkin, being the sole person entitled to the estate, on her renouncing or being cited and not appearing to the process. But if there be other next-of-kin, they must also renounce or refuse.

"The wife's preference of another person, although he be a creditor, will in no way prejudice the husband's right to administer as the next person entitled after his wife, if he be willing to do

So.

"En resumè it may be said that administration is granted

"7. Brothers and sisters.

"8. Grandfathers or grandmothers.

"9. Nephews and nieces, uncles, aunts, great-grandfathers or great-grandmothers.

"10. Great-nephews, great-nieces, cousins-german, great-uncles great-aunts, great-grandfather's father, and so on according to the proximity of kindred; all those who are in the same degree being equally entitled."(v)

If the widow and all the next-of-kin of an intestate, and all persons entitled to share with them in distribution renounce, a creditor is competent to take administration.

"In intestacy it has been shown that the next-of-kin, under the Statute of 21 Hen. VIII. c. 5, have a preference over descendants and collaterals to whom the Statutes of Distributions have given a share in the intestate's estate, the Court granting administration only to persons entitled in distribution to the estate of a deceased person, where the Statute of Hen. VIII. does not operate by reason of the death or renunciation of the next-ofkin.

"A next-of-kin has priority over the representation of a deceased next-of-kin.

"The attorney of a next-of-kin has priority over a person entitled in distribution.

"A person entitled in distribution has a preference over the representative of a next-of-kin.

"A next-of-kin, or a person entitled in distribution, takes priority of creditors.

(v) Coote's Prac. pp. 104-107.

"The guardian of a next-of-kin is entitled in preference to creditors.

"A testamentary guardian has a prior right to all other guardians.

"To enable any person having the inferior interest to take administration (will), or mere administration, all persons having priority must have first renounced or waived their rights, or having been cited, must have neglected by their non-appearance to avail themselves of such rights.

"If a person has two interests, a superior and an inferior one (e.g., being an executor and residuary legatee conjunctim), the Court will not permit him to elect to take the grant in the inferior character.

"So a next-of-kin, who is a creditor, must administer in his first-mentioned quality.

"The applicant for administration must depone to his qualification or interest, and give bond of caution with sureties for the proper administration of the estate." (w)

233. The Sealing in England of a Scotch Confirmation.— As we have already seen,(x) confirmations are rendered operative in England by resealing, and vice versa.

The English Court will also reseal an eik or additional confirmation, including further property in Scotland, provided English property, as well as Scotch, has been set out in the original inventory, but not where no English property has been set out in the original inventory.(y)

The practice in resealing is this:

A copy of the confirmation is made to be deposited in the registry.

A fee stamp of 1s. is exacted on the receipt of the documents. In respect of collating the copy, the following fee-stamps are chargeable

If 10 folios of 90 words each or under, 2s. 6d.

If above 10 folios of 90 words each, per folio, 3d.

(w) Coote's Prac. p. 214. (x) § 191.

(y) Coote's Prac. 184. See §§ 191, 192, supra. The practice here has been slightly altered by 39 & 40 Vict. c. 70, § 42, it being now com

petent to seal an additional confirmation in England, whether the original confirmation shall have been sealed or not, and although the additional inventory confirmed shall not contain any Scotch estate.

A fee of 2s. 6d. is charged for filing the copy.

The Commissioners of Inland Revenue will transmit a certificate to the Registrar after the confirmation has been duly stamped, or they have been satisfied that no further duty is payable.

In respect of this certificate the practitioner will provide a fee stamp of 2s. 6d.

In the case of an intestacy, the practitioner will also have to file the certificate which he has obtained from the Sheriff or Commissary-Clerk that security has been given to the extent of the personal estate in England.

Search-stamps are charged when necessary, as in the case of a grant, and the usual fee stamp is charged for the receipt of the document. No search-stamps are paid except in cases where the original grant issued from a diocesan, archidiaconal, or any Court other than the prerogative Court of Canterbury.

A certified copy of the Sheriff or Commissary's interlocutor is filed.

A fee-stamp of 2s. 6d. is charged on it.

After the copy of the confirmation, and the certified copy of the interlocutor have been filed with the examiner, and have by him been transferred to the Clerk of the Seat, a fiat allowing or directing the confirmation to be resealed is then prepared by the Clerk of the Seat, and signed by one of the registrars.

In respect of this a fee-stamp of 21s. is charged. (2)

(2) Coote's Prac. p. 270. Confirmations, where gross value of estate does not exceed £300, shall now be sealed in England, on the same being sent to the Registrar there by the

Sheriff or Commissary-Clerk in Scotland, enclosing a fee of 2s. 6d. ; 38 & 39 Vict. c. 41, and 39 & 40 Vict. c. 24, as amended by 44 Vict. c. 12, § 34.