Koerber

This is an application for a writ of prohibition to restrain and prohibit department nine of the 'superior court of the state of California, in and for the city and county of San Francisco, and the judge thereof, from rendering any decision or entering any judgment adjudicating the title to certain personal property which it is claimed belongs to the estate of May Ferguson, deceased.

The admitted facts are that May Ferguson, a resident of the city and county of San Francisco, died therein on July 23, 1920, leaving an estate. The heirs at law surviving her are her husband, William J. Ferguson, and the petitioner herein, Alice L. Koerber, who is a daughter by a prior marriage. On December 20, 1920, the surviving husband, William J. Ferguson, filed in said court a petition for the probate of a purported will of said decedent, for his appointment as administrator with the will annexed, and for his appointment as special administrator of said estate. On February 7, 1921, pursuant to said petition, he was appointed, and immediately afterward qualified as such special administrator, but no action has been taken on that part of the petition relating to the probate of the will and for the…