Hanway v. Robertshaw

Citations

• 49 Miss. 758

Syllabus

<p>1. Partnership — D hath of One of the First — Its Effect Upon the Assets. — . Upon the dissolution of a firm, by the death of one of Sits members, the credits and personal effects vest; by operation of law, in the survivors, and under judgment against them, the effects of the firm may be sold. The real estate preserves its distinct qualities and descends to the hoir, who holds in common with the survivors in trust for the purposes of the partnership, first, for the creditors, and second for the members of the firm and their representatives. The law is incomp tent to administer this trust in 'favor of creditors. Complete redress can only be meted out in chancery-.</p> <p>?. Same. — Where a widow of a deceased partner execute? her promissory note for a partnership debt, she is not liable on the note, not being a member of the firm.</p>