Trincia v. Testardi

Seitz, Vice-Chancellor:

The principal point for decision involves the right of an heir-at-law of a deceased partner to maintain an action in equity against the surviving partner even though there is an administrator for the deceased partner’s estate.1

Complainant is the son and one of the heirs-at-law of *45Giovanni Trincia who died intestate on March 11, 1946, survived by three sons and three daughters. For many years prior to February 18, 1937, Giovanni Trincia and Flaviano Calvarese were the sole and equal stockholders of T. and C. Baking Company, a Delaware corporation. They organized a…