TOWNSEND, J.
(After stating the foregoing facts.) 1. The second contention of the plaintiff in error will be first considered. This is to the effect that the ordinary had a discretion to issue letters of administration de bonis non to a creditor of the estate under the provisions of Code § 113-1202(5) which provides as follows: "Where no application shall be made by the next of kin, a creditor may be appointed; and among creditors, as a general rule, the one...
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