Estate of Goetz

This is an appeal from an order denying an application for a decree of partial distribution.

The controversy calls for a construction of clauses 7 and 13 of the will of Joseph Goetz, deceased.

The first clause of the will contains the names of the executors and vests them with certain powers.

The second clause reads: “I make the following bequest: all of which money bequest and to be paid in gold coin of the United States of America. ’ ’

In the third and fourth clauses the testator bequeathed to six nephews and a niece—other than the appellants—and to a grandniece, sums of money aggregating $180,000.

By the fifth clause he devised to the appellants, three nephews and a niece, all his real estate.

In the sixth clause among other gifts he bequeathed to the appellants certain pictures, some jewelry and his household furniture, all of substantial value.

The seventh clause reads as follows: “I make no money bequests to my nephews and niece which are mentioned in paragraph Fifth of my will as the real estate owned by me at the time of my death so bequeathed to them in equal shares is ample and sufficient.”

The only other clause in the will that need be quoted is clause 13, which…