Schultz v. Kuerschner

The following issues are raised by the appellant on this appeal:(1) Was the policy upon the life of the surviving partner a partnership asset and therefore covered by the executor’s bill of sale to Kuerschner ?(2) If not a partnership asset, may the executor rescind the release of assignment and the reassignment of the policy to Kuerschner thus taking advantage of his own unilateral mistake ?(3) Was the executor guilty of laches so as to bar him from obtaining the relief sought in this proceeding?

As to the first issue, the triál court made a definite finding that the policy in question was an…