Succession of Rusha

On Motion to Dismiss.

The executor appeals from a judgment directing him to place the appellee and her children on his account for a legacy of $7,000 (net).

The trial judge did not fix the amount of the appeal bond, but allowed the appeal conditioned on the appellant furnishing bond "according to law."

The appeal bond given was for $12,000 which is more than one and a half times the amount involved (C.P. art. 575).

The appellee moves to dismiss on two grounds: (1) That the executor is without right or interest to appeal; and (2) that the amount of the appeal bond was not fixed by the judge.

I

The…