Nelson v. Hayner
Illinois Supreme Court
Appeal from the Circuit Court of Madison county; the Hon. Joseph Gillespie, Judge, presiding It appears, upon the face of the bill filed by the appellees, that they are surviving partners of Arba Nelson, deceased, who died February 6,1871, leaving appellant, Charlotte Nelson, his widow, but no children, surviving him; that he left a last will and testament, by which he appointed appellee John E. Hayner, and one Whipple, executors; that the will had been admitted to probate,…
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Appeal from the Circuit Court of Madison county; the Hon. Joseph Gillespie, Judge, presiding It appears, upon the face of the bill filed by the appellees, that they are surviving partners of Arba Nelson, deceased, who died February 6,1871, leaving appellant, Charlotte Nelson, his widow, but no children, surviving him; that he left a last will and testament, by which he appointed appellee John E. Hayner, and one Whipple, executors; that the will had been admitted to probate, and letters testamentary issued to the executors named, who had assumed the duties of administration ; that, at the time…
1Opinion of the CourtJustice McAllister
The death 'of either partner is, ipso fado, from the time of the death, a dissolution of the partnership, however numerous the association may be. But, notwithstanding such dissolution, a community of interest still exists between the survivor and the representatives of the deceased partner, and the representatives have a right to insist on the application of the joint property to the payment of the joint debts, and a due distribution of the surplus. So long as these objects remain to be accomplished, the partnership may be considered as having a limited continuance. If the survivor does not…
2Cases cited1 opinion
- Miles v. WheelerIllinois Supreme Court · 1867
3Cited by15 opinions
- Perrin v. LepperMichigan Supreme Court · 1888
- Galbraith v. TracyIllinois Supreme Court · 1894
- Valentine v. WysorIndiana Supreme Court · 1890
- Tennant v. DunlopSupreme Court of Virginia · 1899
- Maynard v. RichardsIllinois Supreme Court · 1897
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