A bond, to prosecute an appeal, from a decree of Probate, must be given, in the usual form, of executing bonds; and if taken, by way of recognizance, the process will abate ; even after continuance.
Note. — In the case of Boyden Adm. of Brown against Phelps. Windham, 1818. The Court decided, after argument, to sustain an appeal, from the decree of Judge of Probate; although the bond to prosecute, was taken by way of recognisance,