Succession of Beattie

On Motion to Dismiss.

ST. PAUL, J.

The deceased made her will by public act, making a certain distribution of her estate and appointing two executors. The legal heirs unsuccessfully opposed the probate thereof, and have appealed. The executors move that the appeal be dismissed as a suspensive appeal.

I

A judgment probating a will and ordering the execution thereof comprises essentially two distinct propositions, the one recognizing and confirming the executors named in the will and placing them in charge of the estate, and the other directing the distribution of the estate in accordance with the…