CURRAN, District Judge.
This case comes before the Court on a petition for Letters of Administration and an answer and cross petition. The only issue presented is whether or not the court, when there has been a declination by some of the next of kin, has the discretion to appoint the petitioner, a creditor of the intestate, over a next of kin, under no legal disability and who applies for letters.
The petitioner, Florence W. Gianiny, files as a friend and...
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