Houston Bank & Trust Co. v. Lansdowne

CODY, Justice.

This suit was brought against appellee Lansdowne by appellant Bank as the executor of the will of L. B. Moody, deceased, and as residuary legatee under said will, to recover an item of property, amounting to $25,369.22 at the time of Mr. Moody’s death, which Mr. Lansdowne claimed as forming a part of the legacy which passed to him under Mr. Moody’s will.

• Mr. Moody and Mr. Lansdowne had entered into a written agreement of partnership on November 1, 1937. As will appear hereafter, the agreement provided that the profits of the partnership were withdrawable, but from the evidence…