O'day V. Superior Court Of Los Angeles County

EDMONDS, J. Petitioners are two of the numerous claimants to the estate of Michael F. O'Dea, deceased. (Estate of O'Dea, 15 Cal. (2d) 637, 638 [104 Pac. (2d) 368]; Marlow v. Superior Court, 17 Cal. (2d) 393 [110 Pac. (2d) 11].) In a proceeding to determine heirship, which is pending and undecided, a judgment of dismissal was entered against them. They did not appeal but some five months after its entry they moved under § 473 of the Code of Civil Procedure that the judgment be vacated. Their motion was denied and the order was held to be nonappealable. (Estate of O'Dea, supra.) They now seek a writ of mandate commanding the probate court, notwithstanding the judgment of dismissal, to hear and determine their claims to heirship.