Succession of Minvielle

Merrick, O. J., dissenting. I think the executor is not bound to pay the sums proposed to be distributed by his account until the delay for a suspensive appeal has expired. Otherwise, he might be ruined by a suspensive appeal and a reversal of the judgment on an assignment of errors. The delay having expired in this case, and the judgment having become executory, I concur in the decree, although not in the reasoning of the majority of the court in this particular. Re-hearing refused.