In re Estate of Heydenfeldt

Solomon Heydenfeldt died testate September 15, 1890, leaving a widow and ten children. The widow was the mother of five of the children, all minors. The deceased had been the owner of much real estate in San Francisco. In anticipation of his death, he conveyed portions of his real, estate to his children, but the deeds were placed in the hands of one Charles Ashton by the grantor, to be recorded at his death. The record does not show expressly whether the grantees named in the respective deeds were let into possession upon the execution of the deeds, or whether the grantor continued to receive the rents and profits until his death. Presumptively, the latter was the case, for there would seem to be no other reason for retaining the deeds, and certainly for some purposes the grantor continued after the execution of the deeds to treat the property as his own. One of these deeds, executed October 10, 1887, conveyed to appellant and her brother, Thomas 0. Heydenfeldt, a lot in San Francisco worth about sixty-five thousand dollars. At the time the deed was executed and left with Ashton, as above stated, there was a mortgage upon it to secure the payment of the sum of forty thousand…