Kreise v. Cartledge

Citations

• 262 Pa. 55
• 104 A. 855
• 1918 Pa. LEXIS 587

Syllabus

<p>Equity — Executors and administrators — Beal estate —■ Management of — Agency—Tenants in common. — Partnership—Death of partner — Accounting.</p> <p>1. In the absence of evidence to prove that real estate owned by partners jointly was held by them for partnership purposes, the presumption is that such real estate was not partnership property.</p> <p>2. Where, upon' the death of partners, possession of real estate owned by the two partners jointly, was retained under a lease by the sons of the former partner, who continued the business as a new firm, such real estate, even though formerly partnership property, ceased to be such on the dissolution of the old firm.</p> <p>3. In the absence of necessity, and in default of express provisions in the will, an executor or administrator, as such, is without authority or control over the realty belonging to- the estate. Such property descends directly to the heirs or to the persons designated in the will, and, although the executor or administrator may undertake to collect rent received from such real estate, he does so not in his official capacity, but merely as agent for the heirs.</p> <p>4. A member of a partnership died, leaving his interest in his business to his son; one-third of his remaining property to his wife for life, and, upon her death, to his son and daughter, and the remainder to his son and daughter; the son and daughter were named executors of the decedent’s estate. The old partnership was dissolved and the son formed a new partnership with a son of the surviving partner, and continued the business of the old firm. Certain realty held by both partners jointly was leased to the new firm, at an annual rental of $3,000, decedent’s wife and the two executors joining in the lease. On the expiration of the term, the new firm continued to occupy the premises for eighteen years as tenants from year to year, during which time the real estate greatly enhanced in value. During such period the son managed the affairs