Zagoren

This is a petition for a writ of mandamus to require the county clerk of Sacramento County to issue an execution under the provisions of section 1230 of the Probate Code, to satisfy an order for the payment of attorney’s fees which were allowed for his services in behalf of an estate.

The respondent is county clerk of Sacramento County. The petitioner was an attorney for the estate of Louis W. Myers, deceased. This estate, which was appraised at over $1,000,000, is now in process of probating. The petitioner was paid from the estate the sum of $5,250 on account of his fees for legal services performed. June 4, 1929, before the completion of the probating of the estate, the petitioner’s relationship as attorney for the estate was terminated. In January, 1931, he petitioned the court for a further allowance of attorney’s fees under the provisions of section 1616 of the Code of Civil Procedure, as it- existed before the adoption of the Probate Code. March 18th the court made an order for the further allowance of $4,000 as attorney’s fees. No part of this sum had been paid. The estate was greatly encumbered. The assets of the estate are exhausted. April 2d the petitioner procured the…