Orth

An application is made herein for a writ of mandate, or other appropriate writ, to require the superior court to entertain an application for the amendment of a probate claim filed by Gladys F. Orth. Mrs. Orth has also filed an action for the recovery of damages from the estate of John D. Ditto, deceased, by reason of an automobile collision, which was the source of injury and damage to Mrs. Orth and which, incidentally, also caused his death. The probate court refused to permit the amendment of a claim which had been filed by Mrs. Orth and denied prior to the institution of the civil suit.

This petition for a writ of mandate was filed after the perfection of an alleged appeal from the order denying the amendment of the claim; that appeal is now pending in this court entitled, “Estate of John D. Ditto, Deceased, 5 Civil 659.” At the outset, we must consider whether a writ may properly be requested; to answer this question we should first decide whether or not the appeal was proper. We find that the appeal is not authorized by law. (Prob. Code, § 1240.) The fear expressed in appellant’s opening brief in Estate of Ditto that the appellant and petitioner herein has developed “. . .…