In re the Estate of Rousos

Wither, S.

Peter Rousos died on December 11, 1948. His executors, the respondents herein, found amongst ids papers a check No. 8488, dated November 29, 1946, payable to “ Cash ” in the sum of $3,500. The drawer of the check was Rousos Bros, by Spiro Rousos; and it was drawn on the account of “ Rousos Bros., wholesale grocers ” in petitioner bank. It appears that Rousos Bros, was a partnership composed of the decedent and *452Spiro Rousos and Theodore Rousos at the date of said check and at the death of Peter Rousos.. On May 13, 1949, respondents presented said check to petitioner for payment, and…