Dow v. Simpson
New Mexico Supreme Court
Appeal from the District Court, Torrance County. The only person eligible to appointment as administrator of a partnership estate is the general administrator o£' a deceased partner, or the surviving partner or partners.
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Appeal from the District Court, Torrance County. The only person eligible to appointment as administrator of a partnership estate is the general administrator o£' a deceased partner, or the surviving partner or partners. Hoyt v. Sprague, 103 U. S. 613; Clay v. Freeman, 118 H. S. 97; Story ou Partnership (7th ed.) sec. 325-326; 30 Cyc. 629; Wicldiffe v. Eve, 17 How. 469; Moore v. Huntington, 17 Wall. 417; (See especially note to this case in 21 L. ed. 642); Galbraith v. Tracy, 28 L. R. A. 129 and notes; Bingham-IIopkins Co. v. Gross, 54 Pac. 1127; Shaw v. R. R. Co., 101 U. S. 565. The…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, C. J.
The questions involved in this appeal are based upon sections 9 to 14 inclusive of chapter-81 of the session laws of 1901, which read as follows:
“Section 9. The executor or administrator of a deceased person, who was a member of a co-partnership;. aball- 'include in the inventory of such person’s estate, in a separate schedule, the whole of the property of such partnership; and the appraisers shall estimate the value thereof, and also the value of each persons’ individual in terest in the partnership property, after the payment or satisfaction of all debts…
2Cases cited9 opinions
- Harrington v. HerrickCourt of Appeals for the Ninth Circuit · 1894
- Ballinger v. James F. Redhead & Co.Court of Appeals of Kansas · 1895
- Dyer v. MorseWashington Supreme Court · 1895
- Newhouse v. HeilbrunSupreme Court of Kansas · 1906
- Cook v. LewisSupreme Judicial Court of Maine · 1853
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McDonald v. LambertNew Mexico Supreme Court · 1938
- Smith v. MeadowsNew Mexico Supreme Court · 1952
- Featherstone v. Bureau of RevenueNew Mexico Supreme Court · 1954
- Davis v. HutchinsonCourt of Appeals for the Ninth Circuit · 1929
- Ickes v. GazzamCourt of Appeals for the D.C. Circuit · 1936
3 more not listed; retrieve them via the Exa API.