Determine whether Y is a partner in partnership X:

1. Y, the widow of a deceased partner in partnership X, in consideration of the continuation of the business without liquidation and satisfaction of the deceased's interest, shall receive an annuity for a period of five (5) years based on a certain percentage of the net profits;

2. Y, creditor of partnership X, agreed that the payment of interest shall be taken from the net profits to be realized by the partnership