Richer

Marguerite G. Richer, executrix of the estate of Edmond R. Richer, deceased, filed the within petition for writ of mandate to compel the superior court to vacate its order of June 11, 1976, granting the motion of Donna Dee Rayburn Cook, real party in interest, to abate a petition filed pursuant to section 851.5, Probate Code, and thereafter enter an order denying said motion. This court issued alternative writ.

The following chronology of events begins with the death of Edmond R. Richer, the record owner of certain real property on Rising Glen Road in Los Angeles, on December 23, 1973. Twenty-three days later, on January 16, 1974, Donna Dee Rayburn Cook filed an action entitled “Donna Dee Cook, nee Rayburn v. Edmond R. Richer, Marguerite G. Richer, et al.,” No. WEC 31972, for declaratory relief and damages and to impose and enforce a trust, cancel a void or voidable instrument and quiet title to the Rising Glen Road property on which she has resided since October 1965 and of which she claims to be the true owner.

On August 14, 1974, Marguerite G. Richer, a resident of Connecticut, filed in Los Angeles County petition for probate of a foreign will and issuance of letters…