Ex Parte Garrison

STAICELY, Justice.

The present proceeding is an original petition by Robert C. Garrison, as administrator ad colligendum of the estate of Mary Jane Speed, deceased, in this court for mandamus to compel the Hon. E. M. Creel, Judge of the Tenth Judicial Circuit of Alabama, in Equity, to vacate and set aside a decree to which we shall later refer. The case is submitted here on the petition and the answer of Judge Creel.

On January 2, 1953, Mary Jane Speed, a non compos mentis, died. On January 8, 1953, Mrs. J. J. Burnett filed an application in the Probate Court of Jefferson County, in which she…