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51 Tenn. 350

Phillips v. Green

Tennessee Supreme Court

Decided April 22, 1871

Tennessee Supreme Court · decided 1871-04-22

<p>Administration. Bight of widow to associate co-administrator. A •widow entitled by law to administration of her husband’s estate, lias the right to associate with herself any person she may prefer in the administration.</p> <p>Statute construed, 1860, c. 36.</p>

Decided 1871-04-22

Tubney, J.,

¶1delivered the opinion of the Court.

¶2By the provisions of the Act of 15th February, 1860, c. 36, the widow of an intestate is entitled in preference to all others, to letters of administration upon the estate of her deceased husband, if she desire or make application therefor. It can make no difference that she consents or elects to have a second person associated with her in the administration. In fact, it is better for the estate and its creditors and distributees, that a prudent, business man be connected with the administration. At all events, there is no good reason why the widow may not exercise her preferred election by such association.

¶3Affirm the judgment of the Circuit Court.

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