53(1)Subject to subsection (3), where a person dies wholly intestate or the executor named in a will refuses upon citation to prove the will, the administration of the property of the deceased may be committed by the Court to the spouse, to the next-of-kin or to the spouse of the next-of-kin, of the deceased as the Court considers proper, and where more than one person claim the administration as next-of-kin who are equal in degrees of kindred to the deceased, or where only one desires the administration as next-of-kin where there are more persons than one of equal kindred, the administration may be committed to such one or more of such next-of-kin as the Court considers proper.