112 Cal. 354 | Cal. | 1896
This is a petition for a writ of mandate to-the superior court to compel a substitution of attorneys. The petitioners are legatees under the will of a deceased person and reside out of the state of California. In the course of the probate proceedings the judge of the superior court appointed certain attorneys to represent
We do not think that this or any of the grounds suggested in the answer or argument justify the refusal to make the substitution. It is eminently proper that the court should appoint attorneys to guard the interests of absent heirs and legatees, and such attorneys are entitled, not only to a reasonable compensation for their services, but to considerate treatment. The motion originally made to vacate their appointment and to discharge them was, therefore, properly denied; but on the present motion for a substitution, the petitioners being sui juris and insisting upon their right, the statute makes the granting of the order imperative. (Code Civ. Proc., sec. 284.)
Peremptory writ granted.