Estate of Heydenfeldt

The deed from Solomon Heydenfeldt, deceased, to Thomas 0. Heydenfeldt and Mrs. Hellings is dated October, 1887, and was delivered to Charles Ashton, for the petitioners. It is a grant, bargain and sale deed, the language being that the grantor does “bargain, grant, sell and convey unto the said parties of the second part, their heirs, executors, administrators and assigns forever,” the property in controversy.

The deed also contains the following covenant: “And I do, for myself, my heirs, executors and administrators, covenant and agree to and with the said parties of the second part, their heirs, executors, administrators and assigns, to warrant and defend the sale of said property hereby made unto said parties of the second part, their heirs, administrators and assigns, against all and every person and persons whomsoever lawfully claiming or to claim the same.”

Subsequently the decedent executed his promissory note, secured by mortgage on the premises in controversy, to the German Savings and Loan Society, for the sum of $40,000. The same is still unpaid. The mortgagee has presented the claim to the executors, and it has been allowed. This application is for an order directing…