Burton v. Waples

4 Del. 73

• Court: Superior Court of Delaware
• Decided: July 5, 1843
• Status: Published

Opinion

The Court.

—The record shows both decrees of the register; the one appointing John B. Waples administrator, and the other refusing to remove him, from both of which an appeal lies. The exceptions here are all to the first decision appointing the administrator, and the case may go on as to that decree.

Court.

—As it appears that neither the appellant nor any person complaining of the grant of these letters is in the position of a person whom the law prefers in the grant of letters, the only question is, whether the person to whom the register granted the letters was at the time of the grant of letters a suitable person, capable of administering the estate. This was a matter in the sound discretion of the register, and there is no evidence that Capt. Waples was an unsuitable person, though from a change of circumstances since the grant of letters, it might be desirable for another person to have the administration. If the occupation of Capt. Waples causes him to neglect the duties of his office, he may be removed by the register, but we have no grounds before us to reverse the grant of letters.

Houston, for appellant. Wootten, for respondent.

Sentence of the register affirmed.