In re McDevitt

Bok, P. J.,

The parties in interest are the surviving partner in a business and the executor of the other, now deceased, partner.

An agreement between these partners, who were brothers, provides, in paragraph 15, that if either should die, the survivor may continue the business, and that arbitration should be had as to the valuation of *291decedent’s interest if no agreement could be reached on that point.

The question of value went to arbitration, and the arbitrators fixed the value of decedent’s share at $150,-311.74.

Decedent’s executor then filed a rule to show cause why the award should not be…