
    Linney’s Executor v. Holliday.
    November, 1825.
    Executors — Appeal by — Security.—An executor can appeal without giving- bond and security.
    This was a suit brought by Einney, in his life-time, against Holliday; and during its pendency, the plaintiff died. The suit was revived in the name of his executor, and a decree rendered against him. The executor prayed an appeal, which was allowed upon condition of his giving bond and security. The bond was accordingly given. Johnson then moved, that the appeal should be allowed to the executor, without giving bond and security.
    
      
      See foot-note to Macaulay v. Griffin, 4 Gratt. 9; monographic note on “Executors and Administrators” appended to Rosser v. Depriest, 5 Gratt. 6.
    
   *The PRESIDENT,

delivered the opinion of the Court:

The Court is of opinion, that it was error in the Chancery Court to require bond and security in this case; and that upon application to this Court, assigning that error, the appeal will be allowed as of right.  