McMahon

Petitioner seeks a writ of mandate to compel respondents to “settle and certify” the clerk’s and reporter’s transcripts on an appeal taken from a judgment entered in determination of the final account of the former special administrator in an estate proceeding. The mandamus petition was consolidated for oral argument with a motion to dismiss several appeals in this estate proceeding pending in this court. (Estate of Merrill, post, page 520 [ 175 P.2d 819 ].)

Petitioner premises his application for relief on these facts of record herein: On April 17, 1944, one Fred B. Merrill was appointed special administrator of the Estate of Rae S. Merrill, deceased. Petitioner was his attorney. On October 16, 1945, Merrill’s letters were “revoked and declared null and void as of and from the date of issuance thereof” on the ground that he had procured his appointment by a fraud upon the court, and it was ordered that he file “within 10 days ... his verified final accounting, showing . . . the condition of the estate.” One Helen Hillin was then appointed and qualified as executrix of the last will of the deceased. Thereafter and in the latter part of October, 1945, Merrill filed his final…