
    Bray v. Dudgeon.
    Decided, Feb. 24th, 1818.
    1. Administrators — Appointment—Right to. — Where the personal property of the Wife is so settled, by a Deed executed before the marriage, and duly recorded, that, upon her dying intestate in her husband’s lifetime, the trustee is to convey the same to her legal heirs; her nearest blood relation is. in such an event, entitled to the administration of her estate, in preference to her husband. 
    
    Previous to the marriage between George Dudgeon of the County of James City and Elizabeth Bryan widow of Symkin Bryan deceased, a deed of marriage settlement was executed by the said intended husband and wife, and William Browne their trustee; conveying all her personal property, in trust for the said Elizabeth until the marriage; and afterwards, that the said trustee should, during the joint lives of her and her said husband, permit her to enjoy all the profits thereof, to sand for her own use and benefit, that, in case she should be the survivor, the property should be re-conveyed to herself at her proper costs and charges; but, in case she should die in the life time of her husband, the said trustee should convey the same to such persons as she by deed or Will should appoint; and, in failure of such appointment, then to her proper and legal heirs; which . Deed was duly recorded.
    
      The said Elizabeth Dudgeon having died intestate, amotion was made to the County Court of Janies City by George Bray, “her nephew and nearest blood relation existing,” that a certificate be granted him for obtaining letters of administration of her estate; l}e claiming the right to her property under the said marriage contract.
    George Dudgeon her husband appeared, opposed this motion, and prayed that the administration should be granted to him; which the Court refused to do, but granted the same to George Bray.
    Upon an appeal to the Superior Court, this order was reversed, and the administration granted to George Dudgeon the husband ; no evidence being adduced by either party in the Superior Court, but the case being there decided entirely upon a bill of exceptions signed and sealed in the County Court, stating the facts aforesaid.
    Bray appealed to this Court.
    Wickham for the appellant.
    Upshur for the appellee.
    
      
       Administrators — Appointment—Right to. — The person entitled to the estate of a decedent is entitled to the administration thereof. Thornton v. Winston, 4 Leigh 158, 162, citing-the principal case. To the same effect, the principal case is cited in Bridgman v. Bridgman, 80 W. Va. 217, 3 S. E. Rep. 583. See further, monographic note on “Executors and Administrators” appended to Rosser v. Depriest, 5 Gratt. 6.
    
    
      
       Note. See Cutchin v. Wilkinson, 1 Call 1 — 6, in which case it was decided, that the person entitled to the estate is entitled to the administration also. —Note in Original Edition.
    
   By the Court.

The Judgment of the Superior Court was reversed, and that of the County Court affirmed.  