Estate of Goetz

This is an appeal from an order of partial distribution, whereby a certain parcel of real estate in the city and county of San Francisco was distributed to the, respondents.

The testator, Joseph Goetz, devised all his real estate-owned by him at the time of his death to the respondents, who were his nieces and nephews. The surplus of his estate which reniained after the payment of money legacies aggregating $180,000 was bequeathed by him to the appellants and others.

Joseph Goetz executed his will May 11, 1904. He died July 1, 1907. On January 7, 1907, he and E. C. Chapman had executed an instrument in writing as follows:

“Chatfield & Vinzent,

“Real Estate, Mortgages, Loans and Insurance,

“51 Post Street.

“San Francisco, Jan. 7, 1907.

“Received from E. C. Chapman the sum of $5,000.00, being deposit on account of $75,000.00, United States gold coin, the purchase price of the property this day sold to him, as per the owner’s authority, situated in the city and county of San Francisco, State of California, and described as follows.” (Here follows a particular description of the real property.)

“Terms of sale: 90 days allowed to examine title and consummate sale; at the…