The collection of the Goods of David Patullo.
Upon on appeal taken from an order of the Surrogate, the Surrogate will not approve a paper which is not an appeal bond stick'as is required by statute on-appeals. ....
The Surrogate, on the petition- of a person claiming' to be a ' creditor of the estate, hid appointed" Edward - Schell, Colléctor or. Special Administrator of-the goods chattels and credits" of the intestate, a 'contest -having takén'place-as to the'right'of administration, and a delay being then apparently inevitable in the issuing of general letters of administration. Prom the order appointing a Colléctor, the Public Administrator in -the city of Hew York appealed, and tendered -an instrument purporting *107to be a bond of appeal, for the approval of the Surrogate. The Surrogate refused to approve or file the bond, because it was made “ To the People of the State of Hew York,” (3 i?. 5th ed., p. 906, § 26), and returned it to the Administrator.
A second instrument was then tendered as a bond on appeal, which was made to Hugh Perrigan, who was only one of the parties interested in maintaining the order of the Surrogate; and the Surrogate refused to approve or file this also, and returned it. (5 Abbott's Digest, pp. 141-2, § 66.)
A third instrument was tendered as a bond on appeal, after the expiration of thirty days from the entry of the order appealed from. This, also, the Surrogate declined to approve and file, and returned. (5 Abbott's Digest, p. 143, § 80.)
The Public Administrator thereupon abandoned the appeal.