Capuzzi's Estate

Opinion by

Me. Justice Kephaet,

Queeny R. Capuzzi, appellant, and his brother Frank had been partners as Capuzzi Brothers. Frank died January 22,1927, and appellant was named as executor of his estate. He was also the liquidating partner. As executor, he filed an account wherein he charged as an item due the estate the value of decedent’s share in the partnership as fixed by the appraisers. On exceptions, the court below surcharged him approximately $5,000 for this interest and removed him as executor; the sum surcharged included a share of the profits earned by the business since his brother’s…