
    DECEMBER, 1769.
    Govane against Govane.
    
      WILLIAM GOVANE, of Baltimore County, devised the ' bulk of his real and personal estate to two natural children, and appointed them residuary legatees. The executors named in the will refused to act, and the widow applied for letters of administration, which application was opposed on the behalf of the children, who being under age, it was moved, that letters of administration be granted to some person during their minority, it being contended that they were entitled to the administration as residuary legatees.
    Hall, for the widow,
    cited the statute of 31 Echo. III. c. 11. which entitles the most lawful friend to the administration, and also the statute of 21 Hen. VIII. c. 5. which gives it to the widow or the next of kin. ■ By the first statute, he argued, that by implication the widow was entitled as the most lawful friend, and by the latter she Was entitled to it by express terms.
    Jenings, contra,
    argued, that the statute of 21 Hen, VIII. in case of an intestacy, appointed the widow or the next of kin to the administration, on a supposition that they were per^pns for whom the intestate had the greatest regard; but that, by appointing a residuary legatee, this presumption is destroyed, it being a plain indication that the deceased intended rather to prefer others, and it would be absurd to admit presumptive evidence when there is better proof to the contrary, and it is a manifest departure from the rule, presumptio stabit donee probetur in contra« 
      rium. 1 Vent. 217. 1 Show. 26. 1 Fern. 280. Dyer, 872. 2 Bac. 381.
    
      Hall, in reply.
    The cases cited were not applicable to the matter in controversy, the residuary legatees being in those cases the interested parties,; and though the spiritual Court would not grant administration to the next of kin, %vho derived no interest under the will, in prejudice of a residuary legatee who did, yet, in the present dispute, the widow is equally interested, being entitled to a distributive share of the personal estate under the law of the Province ; he therefore contended, that the Court ought not to grant administration to a residuary legatee in preference to a person equally interested and expressly mentioned in the statute, the consideration of interest being the sole inducement with the Court, in any instance for preferring the residuary legatee to the widow or the next of kin. 1 Jones, 225. 2 Sid, lié. 2 Stra. 857. 4 Burn, 200. 2 Stra. 856. 891. 956.
    
   The Court determined, that administration be granted to the children.  