In re the Estate of Wotherspoon

Fitzgerald, S.

—The desire to supply the means to enable his brother to continue for his own exclusive benefit the business which they both had carried on together as partners, and at the same time to withdraw from the hazard of loss his interest in the business and to secure its advantageous investment, seems to me to have been the motives that actuated the testator in incorporating in his will the provision in regard to the partnership business. Seven per cent, per annum, the rate of interest he provided to be paid for the retention of his share in the *388business by his brother, was the legal…