Succession of Kellogg

The opinion of the court was delivered by

Watkins, J.

The testamentary executor and universal legatee under the will of Adams Kellogg, deceased, is appellant from a judgment sustaining a rule in favor of counsel for absent heirs, and fixing his fee at the sum of «$200 and taxing same against both the succession and the legatee.

The grounds of appellant’s resistance are the following, viz.:

*1305“First. Because lie can not prosecute liis demanfi against the suc- ■“ cession which was no longer in existence when he filed his rule.

“Second. Because his appointment was unnecessary and illegal, “ there being…