Painter

(sitting by consent in place of Rearden, J.) This is a suit in equity brought to obtain a construction of the will of Jerome B. Painter, deceased. The plaintiff also asks that the surviving member of the firm of Painter & Co. be enjoined and restrained from selling assets of the firm claimed to have been bequeathed by the will to the plaintiff, and for a general marshaling of the assets of the estate of J. B. Painter, and of the partnership of Painter & Co.; also for an accounting of the assets and liabilities of the firm, and of all debts due to the firm, and moneys of the firm out at interest, and of the respective interests of the several partners of the firm, and for a complete adjustment and settlement thereof; and for a sale of certain described real estate, and that the interest of the said Jerome B. Painter therein be applied toward the repayment of the amount claimed to be due by him to the firm.

The paragraph of the will upon which the complaint is based is as follows:.

It is claimed on behalf of complainant that when Jerome B. Painter died he was indebted to his firm in the sum of $33,000, or thereabouts. This claim and all the other allegations of *342 the complaint,…