Succession of Israel

HIGGINS, Judge.

This is a proceeding by a rule filed by judgment creditors against the testamentary executor of the succession of Jacob Israel to compel the executor to pay unto them the sum of $290.50, said to have been set up in the provisional account for that purpose, and which account was approved and homologat-ed by the court without any appeal having been taken therefrom.

The executor in his return to the rule denied the above allegations, averring that the account merely carried a notation that the fund was being kept segregated in order to await the determination of the suit by…