Bartlett

Petitioner is coexecutor under the will of George Maurice Bartlett, hereinafter called Bartlett. Upon the appointment of petitioner and her coexecutor they came into possession of and still have possession of a business conducted by Bartlett during his lifetime and since coming into possession have continued to operate that business. The business was inventoried by them as one of the assets of the estate.

After taking possession of the business and while operating it petitioner and her coexecutor petitioned the respondent court pursuant to section 572 of the Probate Code for an order authorizing them to continue the operation of the business. To this petition the real party in interest herein, the widow of Bartlett, filed objections supported by her affidavit that she was the owner of the business and of the machinery and equipment used in operating it and affirming that she had filed an action in the Superior Court of Los Angeles County for declaratory relief and for an accounting and for an injunction.

*183 When the matter came on for hearing the real party in interest objected to the introduction of any evidence in support of the petition upon the grounds that the issues…