Christal

Albert Trescony by his last will and testament disposed of his estate to various devisees, and on April 3, 1894, at the close of the administration of his estate, a decree of distribution was made distributing the estate in accordance with the terms of the will. By this decree one-third of the estate was distributed to the respondents herein, as trustees, upon certain trusts expressed therein, for the appellants, who are two minor children of a deceased daughter of the testator; and the other two-thirds of the estate were distributed to other beneficiaries under the will. After the entry of this decree of distribution certain distributees commenced an action against the others, including the respondents and the appellants, in the superior court of the county of Monterey, for the partition of the real estate according to their respective rights, and in that action an interlocutory decree was entered November 36, 1894, determining the rights of the respective parties in the land, and directing partition in accordance therewith, and appointing referees to make such partition. August 34, 1895, the referees filed with the court a report of their proceedings for such partition, and the…