David Davis

“ In cases of intestacy in New York the surrogate has the sole and exclusive power of granting letters of administration, and is obliged to grant them-no question being made as to personal competency-to the relatives of the deceased who would be entitled to succeed to his or her personal estate, and if Ferri e were the only child of the intestate, he had the legal right to administer, because he succeeded to the whole of her estate. ”

“ The purpose was to get at the estate, and so they say in their petition addressed to the surrogate for leave to intervene. They allege themselves to be 'the nearest of kin' and 'entitled to share upon the distribution of the estate,' and ask to be heard 'and to receive their distributive share of the estate.' Manifestly, they sought the contest because they supposed the right to administer involved the right to the property. ”

“ But, on appeal to the House of Lords, this decree was reversed, and Lord Chancellor Lyndhurst, on a review of all the authorities, held that the question was no longer an open one. [8] It is to be observed, in regard to the opinion of the learned chancellor, that, although he declined to enter into any of the general arguments in the case, on the ground that he was bound by the decision of the House of Lords in Bouchier v. ”