In re Estate of Heydenfeldt

Citations

• 106 Cal. 434
• 39 P. 788
• 1895 Cal. LEXIS 624

Syllabus

<p>Will—Construction—Directions for Payment of Debts—Convbyanch to Children Prior to Death.—The testator, prior to his death, conveyed portions of his real estate to his children, by deeds which were placed in escrow, to be recorded at his death. One of these deeds conveyed to the appellant a lot worth about sixty-five thousand dollars, upon which, and upon another lot conveyed to other children, there was a mortgage to secure the payment of forty thousand dollars. By his will the testator directed his debts to be paid from the proceeds of the sale of his unproductive property. The will recited the execution of the deeds, and the provision thus made for the children, and devised the residue of his estate to his wife. The unproductive property of the estate sold for about forty-three thousand dollars, from which, after payment of the other debts, the executor had remaining more than forty thousand dollars. Held, That the testator intended to exonerate the property conveyed from the mortgage debt, and to charge his estate with the payment thereof.</p> <p>Id.—Jurisdiction—Compelling Executor to Pay Debts.—In a proceeding for the settlement of the estate of such testator the superior court has jurisdiction, at the instance of such grantee, to compel the executors to pay the mortgage debt from the assets of the estate.</p>