To compel respondent to reinstate an appeal from the allowance, by probate commissioners, of claims against, the estate, which was dismissed because not taken by the administrator but by a party in interest.

Granted February 6, 1884.

Held, that a party in interest may take an appeal in such case if the administrator declines to, and if the probate judge allows an appeal to someone else he thereby passes upon the fact of the administrator’s refusal.