Hayden v. Hayden

Opinion by

Mr. Justice Linn,

The controlling question is whether the property and business conducted by the Hayden Tire Shop belonged to John Hayden or to a partnership composed of him and his brother George, the defendant.

John Playden died October 18, 1943. His widow received letters of administration. She claimed the Hayden Tire Shop as part of her husband’s estate which had become subject to her administration. The property was in possession of the intestate’s brother, George Hayden, who excluded the administratrix on the ground that it belonged to the partnership composed of the intestate…