In re McCollum
Appellate Division of the Supreme Court of the State of New York
Appeal from surrogate’s court, Kings county. Judicial settlement of the accounts of Elizabeth McCollum and another as executors of the will of Daniel McCollum, deceased. From the decree, Annie Monahan, as residuary legatee, appeals.
1Opinion of the CourtJenks, J.
I think that the decree of the learned surrogate of Kings should 'be affirmed.
The rule is that, in the absence of authority expressed in the will, the death of a partner works the end of his trade; and therefore these executors had no authority to continue the business, except for the purpose of converting the assets into money. Willis v. Sharp, 113 N. Y. 586, 21 N. E. 705, 4 L. R. A. 493, and authorities cited. The oral request of the testator, made in his lifetime, was, of course, outside of the will and did not confer such authority. Willis v. Sharp, supra. Nor can the continuance of the…
2Cases cited5 opinions
- Willis v. . SharpNew York Court of Appeals · 1889
- Matter of StanfieldNew York Court of Appeals · 1892
- In Re the Accounting SlocumNew York Court of Appeals · 1901
- In re the Judicial Settlement of the Accounts of SlocumAppellate Division of the Supreme Court of the State of New York · 1901
- In re Austin's WillAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Love, Warren & Monroe Co. v. EnnisWashington Supreme Court · 1917
- In re MarxAppellate Division of the Supreme Court of the State of New York · 1907