Denholm v. McKay
Massachusetts Supreme Judicial Court
Appeal, by Margaret M. McKay and her two minor children, who were respectively eight and ten years old, from a decree of the Probate Court allowing the third account of William A. Denholm, Robert J. McKay,' and Daniel Gr. McKay, the executors of the will of William C. McKay, the husband and father of the appellants. Hearing before Knowlton, J., who reported the case for the consideration of the full court as follows.
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Appeal, by Margaret M. McKay and her two minor children, who were respectively eight and ten years old, from a decree of the Probate Court allowing the third account of William A. Denholm, Robert J. McKay,' and Daniel Gr. McKay, the executors of the will of William C. McKay, the husband and father of the appellants. Hearing before Knowlton, J., who reported the case for the consideration of the full court as follows. The only question raised at the hearing was how much the executors should be charged on account of the interest of the testator in the partnership of Denholm and McKay, composed…
1Opinion of the CourtC. Allen, J.
The appeal is taken by the widow and minor children of William C. McKay; but it is apparent upon an examination of the will that it is the children who are chiefly, if not solely, interested.
The first question to be determined is whether, in view of the fact that the surviving partner was one of the executors of the deceased partner, the contract of partnership by its true construction authorized the executors, as the legal representatives of the deceased, to make a final agreement with the surviving partner as to the price and terms upon which he should be at liberty to take the partnership…
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