
    (Second Circuit—Fayette Co., O., Circuit Court,
    May Term, 1895.)
    Before Summers, Wilson and Sullivan, JJ.
    WILLIS, Jr., Adm’r, v. WILLIS.
    
      Notice of appeal by Adm'r. — Written notice required ■— Fidiciary character must appear to avoid requirement of appeal bond—
    It is not sufficient to cause the notice of appeal by an administrator to be incorporated in the journal entry, but the administrator must file a written notice, the object of that provision of the statute being to fix with certainty the liability of the administrator upon his bond in that behalf. But fidiciary character must appear in the petition entitling him to appeal without bona.
    (Affirmed by Supreme Court without report, 38 W. L. B., 300.)
    Appeal trom the Court of Common Pleas of Fayette county.
   PEE CURIAM. .

The plaintiff, administrator, undertook to appeal from an order of the probate court, in the interest of his trust. Instead of filing a written notice of his intention to appeal, he caused such notice to appear only in the journal entry of that court. Upon notice to dismiss the appeal for failure to comply with the requirements of section 6408, Revised Statutes^ the circuit court holds that it was not sufficient to cause the notice to be incorporated in the journal entry, but that the administrator must file a written notice, the object of that provision of the statute being to fix with certainty the liabilty of the administrator upon his bond in that behalf.  