Upon the death of any person who has left property of any kind, the administrator, however, can collect the assets of the estate and distribute only the personal property according to the laws of distribution in force in the jurisdiction in which he is acting. The decedent must have left no will, at least no valid will, in order that an administrator may be appointed. The statute regarding the appointment of administrators varies with reference to who shall be appointed. In the case of two persons who are equally entitled to the appointment, the courts will exercise its discretion, and ordinarily this discretion is not subject to review by an Appellate Court.21 The husband of a deceased married woman is generally the person who is most entitled to administer the estate of his deceased wife. He is given the appointment in preference to all other persons.22 The husband's right to administer the estate of his deceased wife is not affected by a limited decree of divorce.23

21 Davis vs. Swearingen, 56 Ill., 539.

22 O'Rear vs. Crum, 135 Ill., 294;

Donnington vs. Mitchell, 2

N. J. Eq., 243; In re Sutton, 31 Wash., 340; In re Dow, 132 Cal., 309.

(a) Husband-Wife. Although the right of the husband to administer his deceased wife's estate is very generally recognized, the corresponding privilege, that is, the right to administer the estate of the deceased husband, is not conceded, and administration is not so generally granted to the surviving widow. Under many statutes the widow is entitled to administer, but it is not as general a rule as that regarding the husband's right. Oftentimes the right is given to the widow or the next of kin in the alternative.24 The remarriage of a widow does not constitute a sufficient objection to her right or claim to administer the estate of her deceased husband.25