Walkerley

This is an original proceeding by mandamus to compel settlement of a bill of exceptions.

Petitioners are some of the residuary legatees of William Walker ley, deceased, whose will was admitted to probate in Alameda county in 1887. In 1892 his executors filed their final account and a petition for distribution of the estate. In August of that year the final account was settled, but the matter of distribution was continued from time to time until November 27, 1893, at which date a decree of distribution was entered, which also embraced the settlement of several- accounts filed by the executors supplemental to their final account. On November 28th, the day following the entry of this decree, the petitioners appealed therefrom to this court, and in due time perfected their appeal. By stipulation of parties, their time to prepare a bill of exceptions to the decree was extended beyond the 16th of December, and on that day they served on all the other interested parties copies of a document entitled in the cause and bearing the following caption:

To this proposed bill of exceptions the attorney for the executors proposed amendments, but at the same time he took and reserved the…