Kaplan

Petitioner seeks a writ of mandate pursuant to section 416.3, Code of Civil Procedure, requiring the superior court to vacate its order denying petitioner’s motion to quash service of summons upon her as executrix *494 of the estate of David Robert Kaplan, hereinafter called “David,” under letters testamentary issued by .the Surrogate’s Court of New York County, State of New York.

The facts are not in dispute. They are: Real party in interest, Kassab, seeks to recover damages for personal injuries alleged to have been sustained by her through the negligence of petitioner’s decedent who was then a resident of New York, in the operation of an automobile upon the highways b'f this state. Upon David’s death his will was offered for probate in the above mentioned court of the state of New York and letters testamentary were issued to petitioner and another as coexecutors. Thereafter the subject action was commenced and the summons and complaint were served upon petitioner in the State of California. Copy of the summons and complaint was not served upon the Director of Motor Vehicles of this state nor was any copy of the summons and complaint sent by registered mail to David’s…