Benson v. Rubin

*1201Opinion

JOHNSON, J.

In this case, we consider whether the trial court properly concluded the provisions of Corporations Code section 15042 did not apply where the partnership agreement set forth the method by which the partnership assets were to be valued upon the death of a partner.1 We conclude the valuation provision contained in the partnership agreement did not operate to bar the estate from receiving interest pursuant to section 15042. The judgment is reversed with directions that the estate be awarded interest pursuant to section 15042. The judgment is otherwise affirmed.

Statement of…