Prime

—Appeal by plaintiff from a summary judgment in favor of defendants in an action for a declaration of rights and duties of the parties under a lease and a separate contract for the purchase by plaintiff of prospective interests of defendant devisees in real property now in probate, which may be distributed to them.

By the pleadings and the declarations which were before the court upon the hearing of the motion for summary judgment the following facts were established: July 21, 1961, Estelle Williams owned a parcel of real property on Sunset Boulevard in Los Angeles, which was under lease to plaintiff Pearl Prime and was used as a nursery school. There was then in existence a will of Mrs. Williams by the terms of which she devised her estate to John W. Williams, Jr., Barbara Vickers, Thomas Williams and Marilyn Hodges, hereinafter for convenience referred to as “heirs.” July 21, 1961, the heirs and Miss Prime entered into an agreement by which Miss Prime agreed to buy and the heirs agreed to sell whatever interests in the property they might receive through a distribution of the estate of Mrs. Williams. The agreed purchase price was $70,000 payable part in cash and part on time.…