Succession of Leppelman

The opinion of the court was delivered by

Manning, C. J.

The executor of E. EL Leppelman filed the final account of his gestión, the homologation of which is opposed by the widow of the deceased on various grounds. The sole question for determination is the opponent’s claim to the marital fourth.

The executor objects to the consideration of this question upon the pleadings now before us, for the reason that an opposition to an account is not the proper form for its legal presentation, and that the widow must be remitted to her action against the heirs. That is true as a gen*469eral proposition.…