Succession of Hartigan

On the application for Rehearing the opinion of the court was •delivered by Miller, J.

The opinion of the court was delivered by

Nicholls, C. J.

This is an appeal by William H. Bourke, in his capacity as testamentary executor of the succession of Bridget Hartigan, from a judgment sustaining partially the opposition of John Hannan, residuary universal legatee of the deceased, to a provisional account filed by the executor as such.

The judgment appealed from reduced or rejected a number of unpaid claims placed on the account by the executor as debts justly due by the succession to different…