Davis

Appellant is, and was, at all times material to this appeal, an attorney at law duly licensed to practice in all the courts of the state of California. John W. Mitchell, deceased, was a former client of appellant. Mitchell died in the city of San Diego, state of California, on July 2, 1925. His will was admitted to probate on the twenty-fourth day of July, 1925, and Adina Mitchell, his widow, appointed the executrix thereof. Thereafter she qualified as such executrix and entered upon the discharge of her duties.

On or about the fifteenth day of April, 1926, appellant filed with the county clerk of the county of San Diego a claim against the estate of John W. Mitchell, deceased, in which he demanded the payment of $10,000 for legal services alleged to have been performed for said deceased from October 21, 1921, to February 28, 1922. While the claim is not incorporated in the record, it is stipulated by the parties that it was in due form and based upon the reasonable value of the services alleged to have been rendered by appellant to deceased between the dates specified. The executrix failed to either allow or reject the claim for more than ten days after it was filed, and did not…