§43-2-27. Letters of administration granted in stated order on failure of executor to apply, etc.

If no person is named in the will as executor, or if named executors, one or more, all renounce or fail to apply within 30 days after probate or are unfit persons to serve, the residuary legatee, or if he fails to apply within such time, refuses to accept or is unfit to serve, then the principal legatee, is entitled to letters of administration, with the will annexed; and, if both residuary and principal legatees fail to apply within such time, refuse to accept or are unfit to serve, then such letters may be granted to the same persons and in the same order as letters of administration are granted in cases of intestacy.

(Code 1852, §§1664, 1665; Code 1867, §§1982, 1983; Code 1876, §§2346, 2347; Code 1886, §2011; Code 1896, §53; Code 1907, §2515; Code 1923, §5737; Code 1940, T. 61, §76.)