Walker v. Patterson
Supreme Judicial Court of Maine
On Facts agreed. The defendant is executor of the last will and testament of Isaac Smith, late of Hallowed, deceased. The will was approved and defendant entered upon his trust. Said Smith, was, at the time of his death, a co-partner with the plaintiff and one Richard F. Perkins. The surviving partners filed in the probate office of the county of Kennebec, a statement and inventory of the accounts of said partnership, as required by law.
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On Facts agreed. The defendant is executor of the last will and testament of Isaac Smith, late of Hallowed, deceased. The will was approved and defendant entered upon his trust. Said Smith, was, at the time of his death, a co-partner with the plaintiff and one Richard F. Perkins. The surviving partners filed in the probate office of the county of Kennebec, a statement and inventory of the accounts of said partnership, as required by law. The defendant, as executor, not being satisfied with their return, with the approval of the Judge of Probate, agreed to submit the matters in controversy…
1Opinion of the Court
Shepley, C. J. —
The law applicable to this case,, appears to have been correctly stated in the case of Davis v. French, 20 Maine, 21.
Assuming the contract subscribed by the defendant, as exécutor, to bind himself, if made upon sufficient consideration, the only question presented will be, whether such a. consideration is exhibited by the agreed statement.
The arbitrator appears to have determined only the amount of the debts due from the partnership, and the amount of its assets in the hands of the survivors. These facts having been ascertained, the amount to be paid out of the private…
2Cited by2 opinions
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