Benning

This is a petition for writ of mandate to compel the superior court in and for the county of Sacramento and the judge thereof to set aside an order settling the final account of the administrator and decree of distribution in the matter of the estate of Manuel S. Nevis, deceased.

Petitioner is the assignee of Charles Peterson, a creditor of said estate. Peterson duly presented his claim, which was allowed by the administrator and the judge of the superior court for $992. Thereafter the administrator paid petitioner $607.61, leaving a balance of $331.13. Thereafter, and upon the fifteenth day of October, 1913, the administrator filed a final account of the administration of said estate, accompanied by a report and petition for distribution, wherein it was alleged, among other things, that all the “debts of said deceased, expenses of administration, etc., have been fully paid,” and that said estate was ready for distribution. After notices had been duly posted as required by law, stating that said account was for final settlement, a hearing was had, and upon evidence being taken in support of the allegations of said report and petition, an order was made settling said account as…