Bank of America National Trust & Savings Ass'n v. Superior Court

This is an original petition filed in this court seeking a writ of prohibition prohibiting respondents from setting for trial and trying a petition for distribution in the estate of Teodora Federico, also known as Teodora F. Valenzuela, deceased, and the contest thereto filed by petitioner as the executor of the last will and testament of Jesus Valenzuela, deceased.

The record before us discloses that Teodora Federico died testate on the thirteenth day of July, 1927, and that Juanita Agüera was thereafter appointed and qualified as the administratrix with the will annexed of her estate. After the death of Teodora Federico, Jesus Valenzuela, who was named as the sole beneficiary in her last will and testament, died testate and petitioner herein was appointed and qualified as the executor of his last will and testament. Juanita Agüera filed her final account and petitioned for distribution of the estate of Teodora Federico in which petition she sought to have all of the property of the estate distributed to herself as a pretermitted heir, alleging that she was an adopted daughter of Teodora Federico. At the trial of the contest on the petition for distribution, the court found in…