
    Polly M’Gooch, Appellant, versus Alexander M’Gooch.
    The widow of a deceased intestate is exclusively entitled to the administration of his estate, unless there be among his next of kin a suitable person, whom the judge of probate may think fit to join with her in the trust, or to commit administration solely.
    This was an appeal from a decree of the Probate Court for this county, whereby administration of the estate of John M’Gooch, deceased, who was the husband of the appellant, and son of the respondent, had been committed to them jointly.
    By the reasons of appeal, it appeared that the deceased left a child, an infant, who was still living; and that the respondent was a debtor to the estate of the deceased in a large sum, upon an unsettled account.
    The appellant claimed the administration alone, contending that, under the statute of 1783, c. 36, <§> 6, she was entitled to it, the next of kin being in this case under twenty-one years of age; and that the judge of probate has no authority to grant administration to an j other, until aftér citing the widow and next of kin, and their refusal or neglect to undertake the trust.
    
      Holmes for the appellant.
    
      The Solicitor-General and Hubbard for the respondent.
   By the Court.

The widow, if a suitable person to administer, is exclusively entitled to administration ; unless among the next of kin there is some fit person, whom the judge of * probate may prefer, or who, he may think, ought to be [ * 349 J joined with the widow in a joint administration.

In the present case, an infant child is the only next of kin ; and he is incapable of the trust from his age. The decree of the court below must be reversed, and administration be granted to the appellant solely. For this purpose, the cause must be remitted to the judge.  