Succession of Wengert

O’NIELL, Chief. Justice. '

The testamentary executor of this estate has appealed from a judgment ordering him to pay to the widow of the testator $120, in three monthly payments of $40 each, on account of the legacies coming to her. The widow has moved to dismiss the appeal on the ground that the amount in dispute is less than $2,000. The value of the estate, however, or the fund to be distributed by the executor, is $9,051.83.

According to section 10 of article 7 of the Constitution, this court has appellate jurisdiction in suits where a fund to be distributed, regardless of the amount therein…