Succession of Menendez

The opinion of the court was delivered by

DeBlanc, ¿T.

I. M. Tupery, the grandfather of the children of Pauline *409Menendez, sues for the removal of Fernandez I. Carbajal, as under-tutor of said children, on the ground that he is aiding their tutor in an attempt to despoil them. There was judgment removing said under-tutor, and appointing, in his stead, the grandfather, the said Tupery. From that judgment Carlos Menendez, the tutor, and the dismissed under-tutor have prayed for and obtained a suspensive appeal.

In the lower court, a motion was made to dismiss this appeal, for the reason that, under…