Brownell v. Superior Court of Yolo Cty.

This is an original proceeding in prohibition to prevent the superior court from hearing an application by one Mabry McMahan, who alleges that he is a creditor of the estate, to set aside an order of partial distribution of the estate •of Harriet V. Brownell, deceased, on the ground that it was taken against him through his mistake and excusable neglect.

It is claimed that the application of McMahan was made after the expiration of the period of six months prescribed as a limitation thereto by section 473 of the Code of Civil Procedure.

1. The petition for partial distribution of the estate was made by Edward Earle Brownell and W. W. Brownell as devisees of the property. It was filed on March 4, 1909, and the .hearing thereof was fixed for March 15, 1909. The ten days’ notice by posting, required by the law, was duly given and the matter came on regularly for hearing on the day fixed. No person appeared in opposition thereto, and after the usual ex parte proofs the court orally announced that the petition was .granted and the clerk made a memorandum to that effect. No order was prepared or signed at that time, and nothing further appears to have been done until March 23, 1909,…