Estate of Ince

This is an appeal from an order vacating a previous order allowing a broker’s commission for sale of estate property, and fixing anew the amount of commission due to respondent. Such motion to vacate was made under section 473 of the Code of Civil Procedure and was based upon the ground that the first order was made and taken against respondent through his mistake, inadvertence, surprise and excusable neglect.

Appellants contend that the superior court had no jurisdiction to entertain respondent’s motion to vacate or to vacate its previous order for the reasons :

1. Respondent is not a party…