Nusz v. Grove

Babtol, J., delivered the opinion of this Court. This is. an appeal from an order of the Orphans’ Court of Frederick County, granting letters of administration on the estate of Elias Grove, deceased, to the appellee, his widow. The deceased died without-children; the appellants are the children of his deceased sister,- and claim as next of kin. By the Code, Art. 93, sec. 19, it is provided, “ if there be a widow and no child, the widow shall be preferred.” This case comes within this provision, and the appellee is entitled to letters of administration ; unless there be something in the proof to take the case out of -the operation of this provision of the Code.

Cook vs. Carr, 19 Md. Rep., 1 . The appellee and Elias Grove were married in February, 1835 ; a few months afterwards she separated from him, and continued always thereafter to live in a state of separation. The causes which led to the separation are not disclosed in the record ; but it appears both from the petition and answer to have been by mutual consent. The separation alone does not deprive the wife of her share in her husband’s personal estate, or her right to administer.

The marriage not having been dissolved, she is his widow still. Slatter vs. Slatter, 1 Younge & Coll., (Ex. R.,) 28 ; Lambell vs. Lambell, 3 Haggard, 568 ; Chappell vs.