Joseph Story

“ We are of opinion, that the decree is an interlocutory and not a final decree, in the sense of the act of congress. It is plain, that it does not dispose of the whole matter in controversy between the parties. And if an appeal could now lie upon the decree already rendered, an appeal could also lie, from time to time, from any future decree of distribution of any assets which may be collected after the former decree, toties quoties; without any final decision being made of all the matters in controversy. ”

“ The original bill was brought by the plaintiffs (now appellants) against the appellees, as executors of John Parks, to recover their respective proportions, as residuary legatees, of the personal estate of the testator, under his will, and for an account and due administration of the assets. ”