The opinion of the Court, Shepley, C. J., Tenney, Howard, Rice, and Appleton, J. J., was delivered by

orally. — There is a fatal objection to the granting of the petition. The right of appeal is allowed only to persons “aggrieved.” The evidence does not show that the petitioner was “ aggrieved.”

The levy under which he claims an interest in the estate was *202merely void. It was of a fractional part of the estate, which Truxton held “jointly with John C. Lowell and others.” What part of the estate Truxton held, whether one-fourth or one-half or two-thirds is not stated in the levy. The levy of a fractional part of an uncertain estate in land is not sustainable.

The petitioner took nothing by his levy. He had no interest in the land: nor does it appear that he had any claims against the estate of John Lowell. He therefore could not be a party aggrieved by the decree complained of.

Petition dismissed.