Lord Warrington of Clyffe. -

This appeal raises a question of construction upon articles of partnership between the appellant John Lachlan McGillivray Watson and Arthur Bryan Haggitt. The business of the partnership was that of barristers and solicitors.

The articles were dated 18th May 1905, and the term of the partnership was 15 years from that date. The term expired on 18th May 1920, but the partners continued the business as partners-at-will without fresh articles, and, therefore, upon the old terms so far as they were applicable to a partnership-at-will.

Mr. Haggitt died on 5th January 1926, and the partnership was thereby dissolved. The respondents are his executors.

The articles contained the following Cl. (No. 21) :

If at any time during the term of the said partnership either of the said partners shall die or become permanently incapacitated for work or shall become insane or of unsound mind to such an extent as to render him unable or unfit to carry on the business of the partnership then and in any such case the surviving or remaining partner shall during the period of five years from the occurrence or happening of such event or contingency pay to the executors and administr