Succession of McKenna

Tbe motion to dismiss is based on tbe grounds:

First — That the executor is with out authority to prosecute this appeal on behalf of or for the benefit of tbe legatees, who have not appealed and have not been made parties as appellants.

Second — The executor is without interest in the matters in controversy to authorize an appeal by him.

*370Third — The legatees have not made themselves parties to the mortuary proceedings in the lower court, and the proceedings had by the executor are unauthorized.

I. As to the first ground, it need only ho said that the appeal having been granted on motion, and the…