In re the Estate of Heydenfeldt

This appeal is by the executors from an order of the probate court requiring them to redeem certain land from a foreclosure sale.

The testator, some time prior to his death, had executed deeds which he delivered to Charles Ashton, to be delivered to the parties named upon his death. In his will he recognized and confirmed these deeds as a provision made for certain of his children who were the grantees named in the deeds. He also provided that his debts should be paid out of his unproductive property.

Before he made and delivered the above deeds to Ashton, and before the making of the will, he had mortgaged portions of the property described in some of the deeds to secure an indebtedness of his own, amounting to about forty thousand dollars. Upon a former appeal (Estate of Heydenfeldt, 106 Cal. 434 ), we held that it was the intent of the testator to exonerate the mortgaged property to the extent of his unproductive property, or, at least, that these mortgage debts were part of the indebtedness which he directed his executors to pay from that property.

The respondent moves to dismiss the appeal on the ground that the executors are not parties aggrieved. The motion is based upon…