to recover damages because of a breach of the conditions of such bond. Craven v. State ex rel., 50 App. 30, 97 N. E. 1021. The sections of the statute in the decedent's estate act providing for appeals to the supreme court, apply only in cases where the judgment appealed from was rendered in a suit or proceeding under the provisions of such act. Crawfordsville Trust Co. v. Ramsey, 55 App. 40, 100 N. E. 1049, 102 N. E. 282. An administrator can not appeal in his administrative capacity from a judgment requiring him to account for certain property as assets of the estate, and which he claimed as his own, as the estate which he represents was benefited by the judgment, and the injury that was done, if any, was to him in his individual capacity. Ansel v. Kyger, 60 App. 259, 110 N. E. 559. See note to section 2980. Under this section and section 2978, appellant who does not show good cause why he did not perfect his appeal within the thirty-day period, will not be given extra time within which to do so. Willis v. Ferguson, 62 App. 563, 111 N. E. 810. A proceeding for the probate of the will is an action to determine property rights between living persons, and a decision therein is appealable under statute regulating civil appeals, and not under this section relating to matters pertaining to decedents' estates. Studabaker v. Faylor, App., 114 N. E. 772. Under this section and section 2978, a devisee need not join as an appellant (in an appeal from a judgment for the sale of the lands of a decedent for the payment of debts) a codefendant who has filed an undisputed claim against his estate, which was ordered to be first paid out of the proceeds of the sale. Nation v. Green, App., 114 N. E. 895. In view of this section and section 2978, a party who is benefited by a judgment appealed from is a proper party appellee, and one who is injured by it is a proper party appellant. Nation v. Green, App. - 114 N. E. 895. - In appeals under this section from decisions upon matters relating to deceased's estates where no bond is required, appellant has one hundred twenty days from the date of the decision in which to perfect an appeal. Crittenberger v. State Sav. & Trust Co. of Marion Co., App., 114 N. E. 225. Under this section an appeal may be taken from the judgment of the probate court on rehearing as to inheritance tax. Crittenberger v. State Sav. & Trust Co. of Marion Co., App., 114 N. E. 225. Under this section and section 2978, it was held that appeal would not lie from a decision which is not a final judgment within the meaning of section 671, and which is not an appealable interlocutory order within the meaning of section 1392, subds. 15-18. Stout v. Stout, App. 115 N. E. 594. A suit to foreclose an indemnity mortgage given by decedent to his surety, could not be maintained, except by filing a claim against the estate of the deceased. Wilt v. First Nat. Bank of Martinsville, 64 App. 649, 114 N. E. 91. Where the transcript of appeal from a decision on a claim connected with a decedent's estate was filed 162 days after judgment for the claimant, the appeal will be dismissed. Wilt v. First Nat. Bank of Martinsville, 64 App. 649, 114 N. E. 91. 285 SUITS AGAINST EXECUTORS AND ADMINISTRATORS. § 2978 There is no appeal from a judgment fixing fees of inheritance tax appraisers under the provision of this section relating to decedents' estates. State ex rel. Klauss v. Smith, Ind. - 127 N. E. 545. -- 2978. Bond and transcript, when filed. When an appeal is taken from a judgment rendered in a suit or proceeding for the settlement of the estate of a decedent, the appeal bond must be filed within thirty days after the decision complained of is made, or if not so filed the court to which the appeal is taken may, for good cause shown, within such thirty days allow such bond to be filed and the appeal to be perfected within the period of 180 days. In re Whisler, 56 App. 269, 105 N. E. 158. See notes to sections 2977, 2980. Under this section an applicant has one hundred twenty days for the filing of the transcript, although bond is filed within less than thirty days. Thomas v. Davis, 64 App. 378, 115 N. E. 961. Under this section the time for filing an appeal bond runs from the rendition of final judgment. Leslie v. Ebner, App., 117 N. E. 511. In the trial of a claim against a decedent's estate, the thirty-day period for filing an appeal bond begins to run from the overruling of the motion for a new trial filed after rendition of judgment. Leslie v. Ebner, N. E. 511. App. -, 117 Under this section the transcript may be filed within one hundred twenty days, although an appeal bond is filed within thirty days. Leslie v. Ebner, App., 117 N. E. 511. On appeal governed by this section a transcript filed within one hundred days from date of the overruling motion for new trial is in time. House v. Cardinal, App., 122 N. E. 11. - 2980. Executor, etc., appeals without bond. An executor or administrator must comply with sections 2977, 2978, relating to time for taking appeals, and where no cause for delay is shown and the transcript is not filed within 120 days, the appeal will be dismissed. Willis v. Ferguson, 62 App. 563, 111 N. E. 810. ARTICLE 18.-SUITS AGAINST EXECUTORS AND ADMINISTRATORS. SEC. 2981. Who may sue and for what. 2981. Who may sue and for what. A joint suit can not be maintained against an administrator on his bond and a person who did not sign the bond but who, with the consent of the administrator, appropriated the assets of the estate. Miami County Bank v. State ex rel., 61 App. 360, 112 N. E. 389. CHAPTER 7.` DESCENT. Section numbers to notes refer to the Revised Statutes of 1914 and sections herein. Under this section and sections 2991, 3000, an illegitimate child can not inherit from the mother of its putative father. Wilson v. Bass, App. 118 N. E. 379. Under this section and section 2991, relating to descent of property, the words "child," "children," and "descendants" are held to mean legitimates. Wilson v. Bass, App., 118 N. E. 379. 2991. When and how to grandchildren. If a person adopts a grandchild as his own child, such child on the death of the adoptive parent may inherit from such parent either as an adopted child or as a grandchild, but can not inherit in both capacities. Billings v. Head, 184 Ind. 361, 111 N. E. 177. A grandchild adopted by a grandparent does not inherit in the dual capacity of grandchild and adopted child, but takes only one share. Billings v. Head, 184 Ind. 361, 111 N. E. 177. See notes to section 2990. 2994. When no heirs under preceding rules. On the death of an intestate leaving as his next of kin first cousins, they will inherit his entire estate to the exclusion of second and third cousins. Avery v. Vail, 60 App. 99, 108 N. E. 599. 2995. Causing death, no inheritance. The statute giving to widows five hundred dollars of the estates of their husbands absolutely, is not a statute of descent, and a widow who has been convicted of causing the death of her husband is not deprived of her right to claim such portion of his estate. In re Mertes' Estate, 181 Ind. 478, 104 N. E. 753. Persons must have been convicted of having caused the death of a decedent before they can be deprived of taking property by devise or descent from such decedent. Bruns v. Cope, 182 Ind. 289, 105 N. E. 471. 2997. When estate reverts to donor. Property devised or bequeathed is not property given or transferred in consideration of love and affection within the meaning of this section. Walling v. Scott, 50 App. 23, 96 N. E. 481, 97 N. E. 388. 3000. Illegitimate child inheriting from father. If the father of an illegitimate child marries the mother, and afterward acknowledges such child as his own, the child will inherit from the father as a legitimate child. Haddon v. Crawford, 49 App. 551, 97 N. E. 811; Harness v. Harness, 50 App. 364, 98 N. E. 357. See note to sections 870, 2990 and 3028. This section does not include children or descendants of such illegitimate child who dies prior to his putative father. N. E. 382. Cooley v. Powers, 63 App. 59, 113 must be liberally construed so as This section is remedial in nature, and to effectuate its purpose. Wilson v. Bass, This section relates merely to descents and does not affect the legal status of children as relates to acknowledgments by the father. Wilson v. Bass, App. 118 N. E. 379. 3001. Bastard, how made legitimate. The marriage of the parents of illegitimate children, and the acknowledgment of such children by the father as his own, renders such children legitimate. Haddon v. Crawford, 49 App. 551, 97 N. E. 811; Harness v. Harness, 50 App. 364, 98 N. E. 357. The provisions of this section, as to legitimatizing an illegitimate child, is a proper exercise of legislative power to prescribe canons of inheritance. Tieben v. Hapner, 62 App. 650, 111 N. E. 644, 113 N. E. 310. An illegitimate child was held to have been legitimatized under this section, and entitled to share equally in the father's estate. Tieben v. Hapner, 62 App. 650, 111 N. E. 644, 113 N. E. 310. 3002. From illegitimate child to mother. The mother of an illegitimate child who dies intestate, without issue or other descendants, will inherit his estate, and when the death of such a child is caused by a wrongful act, an action lies to recover damages for the benefit of the mother of the child and her other children. Dickason Coal Co. v. Liddil, 49 App. 40, 94 N. E. 411. 3004. Sale of escheated estates. When lands escheat to the state for the want of persons to inherit, title to the land vests and remains in the state until the same are sold as provided by law. Donaldson v. State ex rel., 182 Ind. 615, 101 N. E. 485. |