Ex Parte Pettus

THOMAS, Justice.

This is a petition for mandamus to the circuit court to set aside its order transferring the special administration of an estate from the probate court to the circuit court. The administration is not in the circuit court by way of appeal. Code 1940, Tit. 7, § 776; Franklin v. Bogue, Ala. Sup., 17 So.2d 405. Neither is the administration in the circuit court by way of a will duly admitted to probate, its validity being contested in the circuit court in equity. Baker v. Bain, 237 Ala. 618, 188 So. 681; Ex parte Pearson, 241 Ala. 467, 3 So.2d 5.

At the time the contest over the…