Lance v. Calhoun
Mississippi Supreme Court
Erom the chancery court of Pearl Piver county. Hon. Stone Deavours, Chancellor. Einal accounting by George M. Calhoun, one of the appellees, as surviving partner of the partnership estate of himself and S. E. Lance, deceased, and. final accounting of J. J. Scarborough, the other appellee, as temporary administrator of deceased. From a decree allowing the accounts, Mary E. Lance, administratrix, appealed to the supreme court.
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Erom the chancery court of Pearl Piver county. Hon. Stone Deavours, Chancellor. Einal accounting by George M. Calhoun, one of the appellees, as surviving partner of the partnership estate of himself and S. E. Lance, deceased, and. final accounting of J. J. Scarborough, the other appellee, as temporary administrator of deceased. From a decree allowing the accounts, Mary E. Lance, administratrix, appealed to the supreme court. S. E. Lance died intestate on January 19, 1901, leaving a considerable estate, and was in partnership in the mercantile business with appellee, -George M. Calhoun.…
1Opinion of the CourtTruly, J.
Section 1931, Code 1892, has no application to a surviving partner who is administering the estate of his deceased partner in the partnership assets. Except as specially changed by the statute, the surviving partner still possesses all the rights and powers which he held under the common law. McCaughan v. Brown, 76 Miss., 496 (25 South. Rep., 155).
A brief examination of the statutory provisions relating to the administration of estates generally, as distinguished from the administration of a partnership by a surviving partner, will disclose the reason for the difference in the procedures to…
2Cases cited1 opinion
- McCaughan v. BrownMississippi Supreme Court · 1898