Judge

This is a proceeding in the probate department of the superior court of the city and county of San Francisco, on the petition of Susan E. Judge, based on sections 1589, 1590, and 1591 of the Code of Civil Procedure, and stating, substantially, that the deceased, in his lifetime, owned a large amount of valuable real estate, which was community property of himself and his wife, Augusta L. Ohm, and which he had conveyed to his wife, without consideration, for the purpose of defrauding his creditors, of whom the petitioner was one, in the sum of five thousand dollars; that the petitioner, in due time, presented to the administratrix of *161 the estate, for allowance, her claim for said sum of five thousand dollars, which was rejected by the administra-’ trix, and that petitioner had commenced an action in the superior court against the administratrix for the recovery of the same, which action is still pending and undetermined; that there are not sufficient assets of said estate to pay the claim if judgment shall be recovered therefor; that the petitioner requested said administratrix to commence and prosecute an action against Augusta L. Ohm to recover said property so fraudulently…