Davis

This is a petition for a writ of mandate. It appears from the petition that on the fifteenth day of June, 1917, there was pending in the superior court of the county of San Joaquin the matter of the Estate of Thomas E. Ketcham, deceased, om which date the petitioner presented to said court a duly verified petition praying for leave to amend a claim theretofore filed by petitioner in the matter of said estate; that a copy of said petition is attached to the petition here, made a part thereof, and designated exhibit “A.” That the said superior court and the judge thereof refused to hear or entertain said petition and refused to grant the petitioner any relief in the matter on the ground as alleged in the petition herein, “that the. superior court, sitting in probate, is without authority or jurisdiction to grant leave to amend a claim in the matter of the estate of a deceased person, in any particular, after the expiration of the time fixed by law for the presentation of claims against such estate.”

It appeared from the said petition exhibit “A” herein-before referred to that Thomas E. Ketcham died testate January 25, 1916, leaving an estate within the jurisdiction of said court.…