the wife had obtained a protection order in her lifetime, on the ground of her husband's desertion, the next of kin and not the husband would be entitled to administration of her personalty acquired after the desertion,1

It was for some time unsettled to whom administration to a lady's estate ought to be granted, when her husband having survived her died without taking out administration. The rule now is to grant administration to the persons who are entitled to her property beneficially. Therefore, if her next of kin are so entitled administration will be committed to them. But if the husband's representatives are entitled to the property, then, upon their taking out administration to the husband, they may have administration to the wife also. If a wife has power to make a will, probate will be granted of the will to her executor, and the husband will only be entitled to administration of so much of the wife's property as she has not dealt with by the will, or as she had not power so to deal with. And when a wife, having power to make a will, exercises that power, but appoints no executor, it is in the discretion of the Court whether to appoint her husband administrator of the property passed by the will.4

The right of a widow to administration is not so high as that of a widower, it being in the discretion of the Court to commit administration to the widow, or to the next of kin, or to both.5 But the practice of the Court is, in the absence of special circumstances against the widow, to grant administration of her husband's estate to her rather than to his next of kin. And the committee of a lunatic widow were in one case preferred to the next of kin.6

When the next of kin consent, or being cited, do not assume administration, a creditor may have administration. The

creditor must show the value of the estate, unless the next of kin have been personally served with citations, and show the Court that he has an actionable and unsecured debt.1 And it is a rule of the Court not to grant letters of administration to a person who has after the death bought up a debt due by the deceased.2 When a creditor has obtained administration he is in the same position as a kinsman appointed administrator to this extent, that he cannot during his lifetime be ousted from the administration, and he may controvert any alleged interest or will, on the same terms as to costs. By the statute 20 & 21 Vict. c. 77, s. 73, it has been provided that where the estate of the deceased is insolvent or there are other special circumstances, there being no competent and willing executor, or only an executor resident abroad, or there being an intestacy, the Court may appoint as an administrator, limited as the Court shall think fit and on giving security, a person who would not otherwise be entitled to be appointed. But the Court has exercised a general power, failing next of kin and creditors, to appoint a stranger to be administrator or to award a stranger letters directing him to get in the estate of the deceased.3

A married woman may, with the consent of her husband, be appointed administratrix. And if a married woman entitled should renounce her right, her husband succeeds to her right, for she cannot be allowed to prejudice him by her renunciation.*

An infant cannot be an administrator, and therefore if the next of kin be an infant, another person must be appointed administrator during his infancy.5

Persons qualified to be executors are qualified to be administrators unless they were attainted for treason, or are outlawed, or bankrupt. By the Act 33 & 34 Vict. c. 23, forfeitures for treason and felony are abolished.

1 Briggs v. Roope, 29 L. J., P. M. & A. 96.

2 Macnim v. Coles, 33 L. J., P. M. & A. 175.

Re Schweedtfeger, 1 P. Div.

4

Haynes v. Matthews, 1 Sw. and Tr. 460.

5 Re Duch. of Orleans, 1 Sw. & Tr. 253.

Hills v. Mills, 1 Salk. 36.

Similar rules to those already stated in regard to wills and probates of wills of persons dying domiciled abroad apply to grants of administration to the estates of such persons dying intestate. The law of the domicil, and the examples of the Courts of the country of the domicil are followed in this country. But if there is no foreign administrator of foreign subjects dying in this country, and there are assets here, administration may, by convention with the foreign State, be committed to the consular agent in England of such State.1

The English assets of an intestate domiciled abroad must be administered here and not abroad, and the foreign administrator cannot call upon the English administrator to transfer them to him.2 But it has been held that where a foreign administrator came to this country and brought foreign assets with him that he might be sued in equity by the English administrator, and that the Court might appoint a receiver.3

When a person dies without any kin, as a bastard without wife or issue, the Crown being entitled beneficially to the estate, administration is granted to the nominee of the Crown, often the solicitor to the Treasury.

If the estate is worth less than £20, or the next of kin reside abroad, administration may be granted to their attorney.

Unlike an executor so acting, a person making himself executor de son tort, may afterwards take out administration.5

Limited administrations are granted by the Court whenever it is made to appear that there is no fit and proper person willing to act as executor or general administrator. Limited administration, which is granted on the renunciation of the person entitled in general administration or upon his being cited, is of many kinds. It may be granted limited to a part of the estate, or to a particular legacy, or to assign a trust term, or to carry on or act in a Chancery action, in which case the

estate of the deceased is properly represented in the Chancery action by the limited administrator, or to the time when the executor who has proved or the general administrator or the next of kin recovers his sanity, in which case the lunatic's committee is usually appointed, or to the time when a lost will shall be found or brought into Court, or until executors being abroad shall arrive in England.1 The grant of administration limited in point of time may be made necessary by the act of the testator, providing by his will that his executor shall not act until so long after the testator's death, or the like.2

Administration durante absentiâ is a kind of limited administration. It was usually granted during the absence of the executor or person entitled to administration, before probate or general administration had been granted. But by several statutes, power to grant administration durante absentia is conferred upon the Probate Division where, twelve months after the death, the executor or administrator is residing out of the jurisdiction. The administration durante absentia will be put an end to upon the return of the executor or person entitled to administration within the jurisdiction. But the office of an administrator durante absentia does not cease, when he is appointed under these statutes, by the death of the executor.4

Administration pendente lite is granted in cases of litigation where it is necessary in the opinion of the Court that some indifferent person should be appointed to administer the estate until the litigation pending is concluded. This species of administration is now regulated by the statute 20 & 21 Vict. c. 77, which enacts (s. 70) that "pending any suit touching the validity of the will of any deceased person, or for obtaining, recalling, or revoking any probate, or any grant of administration, the Court of Probate may appoint an administrator of the personal estate of such deceased person; and the administrator so ap

1 Re Metcalfe, 1 Add. 343; Faulkner v. Daniell, 3 Hare 199. Godolphin, Pt. 2, c. 30, s. 5.

2

3 38 Geo. III. c. 87; 20 & 21

Vict, c. 95, s. 18.

Taynton v. Hannay, 3 Bos. & Pull. 26; Suwerkrop v. Day, 8 Ad. & Ell. 624.

pointed shall have all the rights and powers of a general administrator other than the right of distributing the residue of such personal estate, and every such administrator shall be subject to the immediate control of the Court and act under its directions." And (s. 71) that "it shall be lawful for the Court of Probate to appoint any administrator appointed as aforesaid or any other person the receiver of the real estate of any deceased person pending any suit in the Court touching the validity of any will of such deceased person by which his real estate may be affected, and such receiver shall have power to receive all rents and profits of such real estate and such powers of letting and managing such real estate as the Court may direct." The Court may order such a receiver of real estate to give security. It has been usual for the Court of Chancery to appoint a receiver also, pending such litigation.2

Administration durante minore ætate is granted when, by reason of infancy, the person entitled to probate as executor, or all of them if there are several executors, or to letters of administration, cannot act. The grant of this species of administration to any particular person is very largely in the discretion of the Court, but in this case also the grant usually follows the interest. Therefore, when there were four next of kin, three of them being minors, administration was refused to the adult and granted, durante minore ætate, to the mother and guardian of the minors. The Court of Probate has been used to assign guardians to children under the age of seven years, technically called infants, but to leave the appointment of a guardian to a child itself where the child was older than seven years, and yet under age, technically called minors, reserving power to annul objectionable appointments by minors. Where the child, if of age, would be entitled to probate or administration, the custom has been to give this species of administration to the guardian, and it is now ordered by the Rules of Court, that grants of

3

1 21 & 22 Vict. c. 95, s. 21.

3 Cartwright's Case, 1 Freem.

2 Anderson v. Guichard, 9 Hare, 258.

275.

433-36.