215. Agreement for retention of goodwill.

215.     Agreement for retention of goodwill.

A partnership agreement may contain provisions which entitle surviving partners to retain the benefit of the goodwill upon terms as, for example, the payment of a share of profits to the estate of the deceased partner. It is, however, a question of construction in each case whether the provisions in the partnership agreement have that effect or not1; and the court will give effect to a provision in the partnership agreement that goodwill is not to be valued on the assets being taken over by a surviving partner2. In