
    Caleb Downing, Appellant, versus William Porter.
    An appeal from a decree of the judge of probate, allowing the account of an executor, should be made by the executor or administrator of a residuary legatee, where such a one is named in the will, and not by one entitled to a distributive share of the estate of such residuary legatee.
    This was an appeal from a decree of the judge of probate for this county, allowing the administration account of the respondent, as he was executor of the last will of Jonathan Porter, deceased.
    The appeal was claimed and made by Downing in right of his wife, whom he alleges to have been a daughter and heiress of Jabez Porter, deceased, intestate, who was a son and residuary legatee and devisee of the said Jonathan Porter.
    
    
      Hillard for the appellant.
    
      Bigelow for the respondent.
   The Court

dismissed the appeal on the ground that Downing was not so connected with the estate of the testator, as to be entitled to the appeal, which should have been made by the administrator of the estate of Jabez Porter, as the party interested, and entitled to receive the portion of the personal" estate of the testator which might be payable to Downing in right of his wife, and the others entitled to the personal estate of the said Jabez. 
      
      
         [Penniman vs. French, 2 Mass. Rep. 140. — Swan vs. Piquet, 3 Pick. 444. —Ed.]
     