Succession of Kretzer

HIGGINS, Justice.

Relator opposed the provisional account filed by the testamentary executor of the Succession of Mrs. Rosa Felix Kretzer, claiming to be a creditor of the estate in-the sum of $1,000.

Mrs. Kretzer’s first husband, Sam Felix, died in 1923, leaving a last will and tes -tament which contained the following provision: “Upon the death of my wife, I further direct my executors to pay unto Dr. Tolivar [relator herein] of New Orleans, Louisiana, the sum of One Thou■sand Dollars.” (Brackets ours.) While the succession was in the course of administration by the executors of the late Sam…