In re the Estate of Lazarus

OPINION OF THE COURT BY

FREAR, J.

On the 6th of last August Judge Perry of the First Circuit Court sitting in chambers made an order admitting to probate an alleged will of the decedent, Joseph Lazarus, and appointing an executor thereof. Three days later certain contestants noted an appeal from that order to the Circuit Comt, but did not pay the costs accrued or file a bond for further costs within ten days after the order appealed from. Afterwards, upon motion of the executor in the Circuit Court, Judge Hitchcock, of the' Third and Fourth Circuits, presiding in this case in the First Circuit,…