In re O'Niel — 2 Redf. 544

Majority

p. 544

Kings County.

HON. WALTER L. LIVINGSTON, Surrogate.

January, 1877.

Matter of O’Niel. In the matter of the application for letters of administration on the Estate of Elizabeth O'Niel, deceased.

Headnote

The administrator of a deceased husband, whose wife died before him, is not entitled to administration on the estate of the wife.

This was an application by the administrator of the husband of Elizabeth OMel, deceased, for letters of administration on the estate of the wife, she having died without leaving descendants, and before her husband, who subsequently died without having taken out letters of administration on his wife’s estate.

The husband’s administrator was not a relative of the deceased wife entitle'^'to succeed-to her personal estate, and under the statute only such relatives are entitled to letters of administration (2 Rev. Stat. 74..§ 27).

It is true that an exception to this rule is made in favor of the husband of a married woman dying intestate, but it is limited to him personally. (Id., § 27 and 29).

Application refused.