In re the Estate of Levinson

This is an appeal by the administrator with the will annexed from an order of partial distribution requiring the appellant to pay to Sallie Levenstone the sum of $3,000.

By the terms of the will of the decedent, his interest in the copartnership of Newman and Levinson was given to Benjamin Newman, one of his copartners, in trust, to retain one half of the annual profits for his services during the life of the testator’s mother, and out of the other half of the profits to pay her $200 per month, and the surplus of the profits, if there should be any, to be left in the business of the firm as a portion of his share of the capital. The testator directed that upon the death of his mother there should be paid to Sallie Levenstone $3,000 out of the copartnership interest, and that the remainder should *656 be paid over to his sisters, Julia and Ada. Newman renounced the trust on July 10,1890. The inventory filed July 16,1890, shows that the estate consisted of wearing apparel of the decedent, gold watch and chain, diamond ring, and the interest of the testator in the partnership of Newman and Levinson. It was shown that the surviving partners refused to allow the capital of the…