Ex parte Ostendorff

Citations

• 17 S.C. 22
• 1882 S.C. LEXIS 40

Syllabus

<p>1. In a contest between two creditors of tlie deceased for administration! on bis estate tbe judge of probate properly issued letters to the greater creditor, although the appointment of the other petitioner was requested by the widow and by other creditors representing more than half-of the indebtedness of the deceased.</p> <p>2. Where none of the persons having a preference- under the statute-applies for administration, tbe judge of Probate maj'- consider their wishes in selecting an appointee, but he is not controlled by their suggestions.</p> <p>3. The administrator of one to whom the deceased was indebted is a creditor of the deceased within tbe meaning of Chapter LXXXYIII.,. § 1, Subd. 6, of the General Statutes of 1872.</p>