Estate of John W. Lowell

Opinion by

Linn, J.,

This appeal is from the dismissal of a petition of review after hearing on petition, answer and evidence produced. The issues were (1) whether profits made by the executors in certain real estate transactions were income as the executors had treated them, or principal; and (2) whether petitioner, who had been absent from the country when the account was filed, had had notice in time to be heard at the audit. It was held that the profits were income within the meaning of the will, and had been paid in accordance with its terms, and that petitioner had notice; for both…