Joseph v. Herzig

Plaintiff brings an action, as executrix under the will of Philip Herzig, deceased, against Simon Herzig, her coexecutor, for an accounting of the good will of the partnership business, which it is alleged that the defendant, as surviving partner of the decedent, had converted to his own use. The defendant 'moves to bring in as defendants the beneficiaries under the decedent’s will, who have made no request to be brought in as defendants. The Court of Appeals has sustained the action as one to compel a surviving or liquidating partner to account for the good will of the business and firm…