A Handbook of the Code of Civil Procedure : Prepared for the Use of Students, And Presenting in Brief Form, And in Simplified And Orderly Manner, the Portions Essential Fo Their Consideration

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An administrator has nothing to do with the decedent's real property, ex- cept where in some cases he may bring a proceeding to sell it to pay his debts ; see Subdivision V, post.
In granting letters of administration the surrogate gives preference in the following manner : ( i ) To surviving husband or wife; (2) to children; (3) to parents; (4) to brothers; (5) to sisters; (6) to grandchildren; (7) to other next of kin entitled to share in distribution, etc. ; males are preferred to fe- males
...of the same degree ; if no relative will accept the appointment, a creditor may be appointed, ex- cept in the City of New York the public administra- tor has preference over a creditor (§ 2660).
If the husband does not take out letters of admin- istration on the estate of his deceased wife, he is 104 A HANDBOOK OF THE CODE.
presumed to have received therefrom assets suffi- cient to satisfy her debts and is liable therefor; but as her duly appointed administrator, he is liable only to the extent of the assets received from her estate (§2660).


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