Adams

This is a petition for a writ of mandamus to require respondent, as Clerk of the Superior Court of Los Angeles County, to comply with an order of such superior court to accept letters testamentary bearing the oath of office of petitioner taken before a notary public in the State of Indiana.

Facts: Petitioner is a nonresident of the State of California and absent therefrom. On February 10, 1964, she, through her attorney of record, petitioned the Superior Court of Los Angeles County in a proceeding entitled “In the Matter of the Estate of Grace Funderburg, also known as Grace V. Funderburg, Deceased, ’ ’ in which she alleged that said Grace Funderburg died on July 24, 1962, while a resident of the County of Wabash, State of Indiana, and that said decedent left property in the County of Los Angeles, State of California, and asked that the decedent’s will be admitted to probate by the Superior Court of Los Angeles County and that she be appointed executrix thereof.

On February 28, 1964, the superior court made its order admitting the will to probate and appointing petitioner as executrix thereof upon giving a bond in the sum of $3,000 corporate or $6,000 personal…