Behrendt

Defendants appeal from a judgment quieting title in plaintiffs to a parcel of real property in the County of Merced.

In 1951, William Behrendt and his wife Lillian executed mutual wills pursuant to an agreement, providing that each would leave all property to the other and that the survivor would leave all property subject to testamentary disposition to the children of William by a prior marriage. William and Lillian also agreed that the wills would not be changed by either of them without the consent of the other.

William died in 1952, and Lillian succeeded to all of their property. Thereafter, she married Louie Costa, and executed a will in his favor. In 1955 the Costas acquired the property in issue by a joint tenancy deed, and in December 1956 they entered into an agreement to sell the property to defendants, Lillian died in 1957.

The agreement to sell the property to defendants provided for a purchase price of $7,500 with a downpayment of $500, installment payments of $55 per month, and the unpaid balance to bear interest at the rate of 5 percent. The contract also provided that the purchasers should pay all taxes, and that should the purchasers fail to pay installment…