CARDALE against harvey and other prerogative court Michaelmas term December  that the court be not oblige to grant a administration de good non to the  person have the large interest in the personal property of the intestate  William Rawlins die in a widower intestate leave two son Thomas and William  and three daughter mary who marry Harvey Catherine who marry Dennis and  afterward marry William Cardale clerk and Ann who marry George bell in January  administration be grant to all the five child joint of the estate be soon  after distribute Thomas and William Rawlins and mary Harvey die Catherine  Dennis and Ann bell the survive administrator give letter of attorney to  Harvey their brotherinlaw to manage the affair of the intestate estate but he  not act to their like they in appoint one borlace to manage their say affair  in harvey room Catherine Dennis lee marry Cardale and she and Ann bell be  since dead leave good unadministered one of the brother leave two or more  child to who he by will bequeathe his estate and make borlace his executor and  testamentary guardian to his child Cardale take administration to his wife  Catherine and as such pray administration de good non to William Rawlins the  intestate in this cause and George bell the husband of Ann bell one of decease  daughter and administrator to her join with he George borlace as testamentary  guardian of William Rawlins grandson to the decease and who under his father  will be likewise entitle to a share of the intestate estate also pray  administration de good non and Harvey husband and administrator of mary one of  decease daughter join with he dr pinfold counsel for borlace insist that the  court must grant it to the grandson guardian for his use as next of kin to  decease and rely on the case of a Kindleside v cleaver pick off saint July  delegate Mr justice wright Mr justice birch drs walker Simpson pilford jun  chapman and collier this appeal be from a decision of dr bettesworth prerog  see Hagg e r a Kindleside and cleaver in the delegate where the judge hold  that a administration de good non be within the statute of Edward ch and must  be grant to the next of kin as well as a simple administration judgement sir  george lee but I think that case do not extend to other grant of  administration de good for there the case be that a feme covert die intestate  leave a daughter cleaver by a former husband Kindleside lee decease husband  take administration to her make his will and appoint his son by a former wife  William Kindleside his executor and die William Kindleside take probate of his  will and then pray administration de good of his motherinlaw estate as have  the interest cleaver the daughter of the intestate likewise pray it and the  judge of the prerogative hold she as next of kin to the intestate be instil  tot it though the interest be in the representative of the husband and the  delegate be unanimous of the same opinion but in that case the daughter be  next of kin to the mother at the time of the death of the intestate and if she  leave choose in action the property of which the husband have not alter she  also be beneficial entitle to they though the husband as such by special  privilege be entitle t the administration and her other effect whereas the  grandson be not next of kin at the time of the intestate death though he be  now become so how ever as the grandson have a interest in the intestate estate  under his own father will and be a lineal descendant of the intestate and now  at the time of grant the administration de good be the intestate next of kin I  decree the administration de good to George borlace the guardian of the minor  grandson and for his use notwithstanding Cardale have somewhat a great  interest and I think the administration de good non be well grant because  wherever it be grant to one who at the time of the grant be next of kin it be  grant agreeable to the statute and therefore be legal grant and in this case  the grandson have a interest in the intestate estate and though it be a good  general rule to grant administration to the large interest yet that be lee  only introduce by practice not by any positive law and the court be not oblige  to grant it to the large interest I do not give cost lee er p