Witthoft v. Gathe

— From the record in this case it appears that Theodore A. Gathe and Henry A. M. Witthoft became partners in the year 1901, which partnership continued until 1912, when a corporation was organized which took over the partnership property. The interests of the part*178ners were thereafter represented by stock in the corporation. Prior to the formation of the corporation, about 1910, Witthoft became more or less' indisposed and his health began to break. In the same year Witthoft and Gathe made wills, each becoming a beneficiary under the other’s will. On May 22, 1913, Witthoft gave to his former…