Maynard v. Maynard
Supreme Court of Georgia
Exceptions to auditor’s report. Before Judge Searcy. Monroe superior court. January 25, 3916. W. T. Maynard died testate in September, 1905. At the time of his death he was the senior member of two partnership enterprises — a private banking business with his son, P. B. Maynard, as partner, and a warehouse business with another son, Z. M. Maynard, as partner.
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Exceptions to auditor’s report. Before Judge Searcy. Monroe superior court. January 25, 3916. W. T. Maynard died testate in September, 1905. At the time of his death he was the senior member of two partnership enterprises — a private banking business with his son, P. B. Maynard, as partner, and a warehouse business with another son, Z. M. Maynard, as partner. He left a will in which he gave to his widow and each of his children specific devises either in land or money or both, placing his own valuation thereon, and directed that all of the devises and legacies should be equalized in the…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. The auditor reported that he found as a matter of fact that W. T. Maynard and his son, P. B. Maynard, as copartners had conducted, for several years prior to the testator’s death, a private banking business under the firm name of W. T. Maynard & Co. The capital employed in the business was $10,000, contributed by the partners in the proportion of 7 to 3. The business was being operated at the time of the testator’s death, and at that time the liabilities exceeded the partnership assets. Shortly after the testator’s death the executors had a conference…
2Cases cited3 opinions
- Emerson v. DurandWisconsin Supreme Court · 1885
- Gray v. HamilSupreme Court of Georgia · 1889
- Bishop v. PendleySupreme Court of Georgia · 1912
3Cited by8 opinions
- United States Fidelity & Guaranty Co. v. NealSupreme Court of Georgia · 1939
- In Re McMillan's EstateNew Mexico Supreme Court · 1934
- Murphy v. MurphySupreme Court of Georgia · 1958
- Richter v. RichterSupreme Court of Georgia · 1947
- Maynard v. ZellnerSupreme Court of Georgia · 1921
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