In Re Rinio's Estate

delivered tbe opinion of tbe court.

Gottlieb B. Rinio and Hans Kristofferson, copartners in the meat business at Yalier, Montana, died simultaneously on December 2, 1929, whereupon C. H. Kester, a banker, took over the business as a voluntary trustee, and was appointed administrator of tbe estate of each deceased partner. Kester contracted to sell certain real estate to Frederick Rinio, a brother of Gottlieb, for $10,800, of which $3,600 was paid and $1,800 deposited to the credit of each estate. Kester sold Rinio sixteen head of cattle and certain hams and bacon, but, owing to disagreement as…