Estate of Murray

Deceased died February 13, 1875, leaving a widow. Henry Dutton now applies for letters of administration. Deceased left no property except personal clothing, valued *209 at less than $100, which was taken possession of by the widow; her whereabouts is unknown, and whether or not the clothing is in existence is unknown. The real object for which letters are sought is apparent from the following facts: The widow, in her husband’s lifetime, had a parcel of land conveyed to her, the deed expressing a money consideration; the money paid was her separate estate. The husband and wife joined in a mortgage of the land to the Farmers’ and Mechanics’ Bank, to secure her individual debt. After the death of her husband she executed a deed of the property to the bank. Mr. Dutton is president of the bank, and he now applies for letters of the husband’s estate, to the end that the bank may commence suit against him as administrator, to obtain a decree that the husband had not and that his estate has no interest in the property.

The application is denied. The object of administration is to pay debts and distribute the surplus to the heirs. In order to have administration there must be property to…