Those who can then claim the right to administer, after the question of the surviving husband or widow's contention is disposed of, are the next of kin. It is usually the custom, and the general rule is to appoint the nearest of kin to the deceased. Where there are two or more persons who come within this rule the matter is then left to the discretion of the court.26

The male line is usually preferred to the female line.27 The elder is usually given the preference to the younger applicant. In cases where creditors are the only ones interested, it is the general rule to give the creditor first making the application the right to administer, although in some jurisdictions the preference is given to the largest creditor.28

23 Barry's succession, 47 La. Ann., 837 24 In re Dow., 132 Cal., 309; Bobb vs. Newcomb, 19 Pick., 336;

Lathrop vs. Smith, 24 N. Y., 417; McBeth vs. Hunt, 2

Strobh, 335.

25 Webb vs. Neeham, 1 Add.

Eccl., 494. 26 Addison vs. Potter, 5 Cal., 63; McClennan App., 16 Pa. St., 110.

27 In re Hill, 55 N. J., Eq., 764.