Succession of Leroy

This case is before us on appeal from the judgment of the lower court dismissing the oppositions of the legatees to the first and second provisional accounts filed by Edwin I. Mahoney, executor of the last will and testament of Martin J. Leroy.

These oppositions are predicated, in part, upon objections to certain items of disbursement made by the executor, but are based mainly upon the omission of the executor to include in said accounts, as a part of the assets of said estate, a certain check i;or $10,-800, certified by the Whitney-Central National Bank, and delivered to the testator shortly…