Estate of Levinson

Citations

• 2 Coffey 325

Syllabus

<p>Inventory—What must be Included in.—An executor must return in the inventory everything of value belonging to the estate of his testator, whether it is property owned by or a debt due the estate.</p> <p>Inventory.—The Goodwill of a Business is Property, so is a Trademark; and where the decedent was a member of a partnership, the goodwill of the business and a trademark owned by it should be embraced in the schedule of assets in the inventory, unless there is a clear provision in the articles of partnership excluding the estate of a deceased partner from a share in the value thereof.</p> <p>Contracts.—Particular Clauses of a Contract are Subordinate to Its General Intent, and the whole of a contract should be taken together so as to give effect to every part if reasonably practicable, each clause aiding in the interpretation of the other.</p> <p>Inventory.—Assets of a Firm Include the Goodwill of the business and trademarks owned by the firm.</p> <p>Inventory—Doubtful Assets.—Even if the Question is in Doubt and equally balanced, whether an estate is or is not to be deprived of a share of the goodwill of a business trademark, it must be included in the inventory.</p>