Succession of Depouilly

The heirs of the deceased opposed the homologation of the executor’s account filed herein, on the ground that he has not accounted for twenty-five hundred dollars in cash and two mortgage notes of twelve hundred and fifty dollars each, received by the deceased as the price of certain property sold by him, and which they allege he deposited with said executor for the benefit of his succession, but which the latter has converted to his own use, under certain pretended personal rights on them.

The evidence shows that DePouilly died on the twenty-fifth of December, 1866; that three days prior…