Before the Hon. C. 8. Losrnorsr, Judge.
In re Estate of Henry Varnum Noyes, deceased.
His Honour gave judgement as follows This cause comes on for hearing on the petition of the administrator of the estate of Henry Varnum Noyes who died-at-Fati, Canton, January 21, 1914. The petition prays for an order approving the administrator's final account, authorizing distribution of the residue of the estate, his final discharge, and the closing of said estate.
It appears from the affidavit in proof of publication that notice to creditors was duly published and that the time fixed in said notice for creditors to file claims has expired; and the said administrator's account sets forth that no claims against the said estate were presented and that there remain in his hands as such administrator money and personal property of the value of $2,286.46 Mexican currency.
The petition for letters of administration, presented by the widow of the deceased, sets forth that he left no will or other dooumee relating to the disposition of said: property''; and the evidence received at the hearing upon said petition shows that the said deceased left.aurviving him as next of kin his widow, Arabella A. Noyes, one son, the-present petitioner, William Dean Noyes, and several sisters.
The question as to who is entitled to succeed under such circumstances appears never to have been specifically determined in this jurisdiction. and as it is obviously one of importance: the law governing it will new be examined. Under the doctrine of the Court of Appeals
Text read from the printed page and cleaned; old type leaves the occasional error.