William Crites died testate. His will declared all his property to be separate property. It made no provision for the widow, for the reason, as declared, that suitable provision had already been made for her. The principal devisees and legatees under his will were his three children by a former marriage. The will named executors. The executors named forfeited their rights to letters testamentary; *Page 393 whereupon two petitions were filed for letters of administration will the will annexed; the one by Alice A. Kane, a child of the deceased, entitled to inherit and a beneficiary under the will; the other by a nominee of the widow, who took nothing under the will. The court granted letters to the nominee of the widow, and the question presented may thus be stated: Is a widow, who takes nothing under a will, entitled to letters of administration with the will annexed, in preference to a child of the testator, who is a devisee and legatee under the will?
Section
Under the mandate of the law, the court in appointing under section 1350a is to follow the procedure laid down in section
The decree appealed from is therefore reversed.
Lorigan, J., and Melvin, J., concurred. *Page 395