Kirkman v. Kirkman

It seems to be the modem rule, that while the firm name belongs to surviving partners, the good will is property in which the representatives of a deceased partner participate. Dougherty v. Van Nostrand, 1 Hoff. Ch. 68; 2 Lind. Part. 443; 3 Kent’s Com. 64. In this case there was something for good will to attach to, as the partnership owned the place of business. Also, the partnership articles provide that the value of the interest of the deceased partner shall be ascertained and paid (i. e., if the survivors continue the business), and that is the object of this suit. The effect of such…