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 The administration being thus (surreptitiously) granted to the mother, the sister by the father's side commenced a suit before the Ecclesiastical Judge, alledging, 1st, That she herself was next of kin; and 2dly, That the mother was not of kin at all to the party deceased; and therefore pray'd the court, that the administration granted to the mother might be revoked, and be committed unto her, as next of kin to the deceased, by force of the said statute.

Hereupon, as it was a great cause, and much depending upon its issue—and many causes of great property likely to be decided in times to come, by the precedent to be then made—the most learned, as well in the laws of this realm, as in the civil law, were consulted together, whether the mother was of kin to