Succession of Simo

PONDER, Justice.

This is an appeal from a judgment dismissing an opposition to a provisional account filed in succession proceedings.

Mrs. Antonia Simo, widow of Augustin B. Rousseau, died testate in the City of New Orleans on May 28, 1936, leaving a succession composed of movable and immovable effects. She was survived by no descendants nor living ascendants. Her last will and testament in the mystic form was filed, probated and ordered executed. The executor named therein declined to serve. A dative testamentary executor was appointed by the court and was duly qualified.

During the course of…