
    Rogers v. Executors of James Rogers, Deceased.
    Appeal from a judgment of the Court of Probate to the nest Superior Court good. No duty is required upon an appeal from probate.
    Appeal from tbe judgment of tbe Court of Probate given' on tbe 10th day of July, A. D. 179 ; for allowing in tbe executor’s account a charge for a note, which was given- by James Rogers, tbe son to said deceased, for £163 18s. 3d.; and which for reasons, tbe executors bad delivered up to said James, and charged it in account against tbe estate.
    Plea in abatement — Tbat said judgment was rendered on the 10th of July, and all parties were present, and no appeal was taken until tbe 10th of September next after. 2d. Tbat no duty bad been paid on said appeal.
   Judgment — Plea in abatement insufficient. Appeals from tbe Court of Probate are to be taken to tbe next Superior Court, where tbe parties are of age, and were or might have been present at said Court of Probate. On which appeals no duty is required by law to- be paid.  