Gray

This is an appeal from an order or judgment in probate, made by tbe superior court of tbe county of Fresno, and comes up on tbe judgment-roll, without any statement or bill of exceptions.

The following facts will sufficiently illustrate tbe proceedings had:

On the fourth day of April, 1892, Lee Sack Sam presented his claim against the estate of Man "Wo Chan, deceased, duly verified, for twenty-one thousand six hundred dollars, to William W. Gray, administrator of said estate, for allowance.

The claim is founded upon a promissory note, of which the following is a copy:

Which promissory note is indorsed as follows:

No action was taken on said claim by the administrator of the estate of Man Wo Chan, deceased, until on or about January 16, 1893, when the administrator, being in doubt as to the correctness of the claim, entered into an agreement in writing with the claimant under section 1507 of the Code of Civil Procedure, to refer the matter in controversy to the superior court of Fresno county for decision, “or, in other words, that a reference may be had in said court.”

The agreement was approved by the court and duly filed in the office of the county clerk, and thereafter a…