Succession of Townsend

The opinion of the Court was delivered by

Bermudez, C. J.

The appellant complains of a judgment which condemned him to pay twenty per cent interest on an amount of money which he is alleged to have illegally withdrawn from bank, and which dismisses him as executor of the deceased.

His defense is, that the proceeding by rule to mulct and remove him is unauthorized bylaw; that he is the universal legatee of the deceased; that as such, he has accepted her succession and has gone into possession of its assets; that thereby the succession was closed and its admin*406istration terminated, and that the…