Highfield v. Bozio

This is a petition for a writ of mandate to compel the superior court to direct the executor of the estate of Orlando Bozio, Senior, to employ the petitioner as attorney for the said executor in the administration of the said estate.

The petition is based on the fact that the will of the decedent, which has been admitted to probate, contained the following specific provision: “I direct and specially request, that my friend of many years Frank Highfield be the attorney of record and for the estate in the matter of the probating of my estate.”

A similar provision was considered by this court in…