In Re the Estate of Finke

-—-This appeal comes from a decree upon a petition initiated by R. J. Finke against Katherine Green Finke, as executrix of the last will and testament of B. F. Finke, her husband. We shall designate petitioner as respondent and the executrix as appellant.

Respondent sought to have himself declared a partner, owning a one-fourth interest, in the Blue Ribbon Shingle Company, which was operated in his lifetime by the testator. Appellant contends that B. F. Pinke was the sole owner of the shingle business.

In June, 1932, O. W. Parker and B. P. Pinke agreed to open the Blue Ribbon shingle mill at…