Succession of Cochrane

On Motion to Dismiss.

The opinion of the court was delivered by

Howell, J.

A motion is made to dismiss this appeal “on the ground that Mrs. Margaret Kellogg, sister of the deceased and one of his residuary legatees, a necessary party to the appeal, lias not been cited to answer said appeal or even made a party appellee herein.”

The judgment appealed from was rendered on an opposition to an account filed by tho executors, sustaining the opposition of Mrs. Echinger, tutrix, to one item and rejecting it as to another. Tho latter item is in favor of said Mrs. Kellogg and her co-legatee, one of tho…