In re Marx
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioners, William. Marx and another, from a decree of the Surrogate’s Court of the- county of Kings, bearing date the 29th day of December, 1904, and entered in said Surrogate’s Court, dismissing the petition filed by the appellants in the proceeding.
1Opinion of the Court
Jenks, J.:
This appeal is from a decree of the surrogate of Kings county dismissing a petition for the removal of Margarethe Marx, sole executrix of Frederick Marx, deceased, and for the closing' of the business of Marx <& Rawolle on' January 1, 1905.
Marx and Rawolle became copartners in 1870, under articles which expired in 1900. In 1900 .they executed articles providing for a continuance until 1905. The articles are long and specific." They contemplate the death of either or both partners during the term, and provide for a continuance in either event. Both parties-died during that period.…
2Cases cited2 opinions
- Bradley v. ChamberlinSupreme Court of Vermont · 1844
- Robertson v. MillerU.S. Circuit Court for the District of Virginia · 1820
3Cited by2 opinions
- In re the Estate of SprathoffNew York Surrogate's Court · 1906
- In re MarxAppellate Division of the Supreme Court of the State of New York · 1907