Bush v. Clark
Massachusetts Supreme Judicial Court
Appeal by th,e administrator of the estate of Francis Busli from a decree of the Probate Court giving to the widow of the intestate, on her petition, an additional allowance of $1512.16, out of the personal estate of her husband.
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Appeal by th,e administrator of the estate of Francis Busli from a decree of the Probate Court giving to the widow of the intestate, on her petition, an additional allowance of $1512.16, out of the personal estate of her husband. At the hearing before Ames, J., the following facts appeared: The only property left by Francis Bush, except household furniture of the value of $173, which was allowed to his widow, con sisted of assets of the late firm of Bent & Bush, which he held as surviving partner, and there will be nothing to the credit of his private estate, there being only assets…
1Opinion of the CourtSoule, J.
When a partnership is dissolved by the death of one of the partners, the survivor becomes the owner of the personal property of the partnership. The representatives of the deceased partner have certain rights as against the survivor; the chief of these being the right of the representatives to have an account of the property, of the collection and application of it, and to receive any balance which may become due as the deceased’s share of the net proceeds. The survivor is under corresponding obligations. It is his duty to collect the property, pay the debts, and pay to the representatives…
2Cases cited2 opinions
- Wilby v. PhinneyMassachusetts Supreme Judicial Court · 1818
- Commonwealth v. WentworthMassachusetts Supreme Judicial Court · 1818
3Cited by10 opinions
- Crescent Ins. v. CampTexas Supreme Court · 1885
- Mares v. MaresMontana Supreme Court · 1921
- Dale v. Hanover National BankMassachusetts Supreme Judicial Court · 1891
- Freeman v. FreemanMassachusetts Supreme Judicial Court · 1884
- Baker v. BakerWisconsin Supreme Court · 1883
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