Daub's Estate

Opinion by

Mr. Justice Simpson,

In this case we have been favored with elaborate briefs and an extensive printed record, but the controlling points are few and compel a reversal of the decree.

Charles Daub (the testator), August Daub and Jacob Daub were brothers and had been partners for some forty years. Their partnership articles provided: “It is hereby also agreed and understood between the parties hereto, that in order to avoid any and all controversies or disputes which might arise in ease of the death of one or more of the said partners, as to settlement of his or their share or shares and…