State Ex Rel. Harper v. Wheatley, Judge

This is an original action in this Court for writ of mandate to compel respondent judge to grant a change of judge as to a petition to remove the executrix and appoint a special administrator in the estate of Floyd E. Harper, deceased, which estate is being administered upon in respondent court. We issued the alternative writ.

The record before us so far as pertinent to the questions here presented reveals that the petition to remove the executrix and appoint a special administrator was filed by Helen Varnau et al., on April 27, 1962; that in answer thereto the executrix on May 14, 1962, filed…