McArdle v. West Philadelphia Title & Trust Co.

Citations

• 7 Pa. Super. 328
• 1898 Pa. Super. LEXIS 293

Syllabus

<p>Decedent's estate — Continuance of business — Executors as partners.</p> <p>While a testator has the power, either to render his entire estate liable for the payment of business debts contracted after his death, or to restrict the liability to capital alreadj\\ put into the partnership, exempting the rest, nothing but the most, clear and unambiguous language, demonstrating in the most positive manner that the testator intended to make his general assets liable for all debts contracted, in the continued trade, will jhstify such a conclusion. A provision in the will, or in the articles, that the business is to be continued, or that his capital is to remain, is not sufficient to affect that part of the estate not already embarked in the partnership.</p> <p>Testator bequeathed a half interest in a real estate brokerage business to his brother, the remaining half interest to be held by his executors with ah option to his son to take such half interest, at an appraisement, on attaining his majority, and the son failing to do so the option to pass to his.brother; he gave.his brother a legacy of $2,500.and directed further as follows: “And until said remaining half interest shall be disposed of, my said brother George shall, as a,condition of the gifts herein made him, pay to my executors monthly the sum of $50.00, such payments to be in lieu of the one half profits of the business which would otherwise belong t©i;them.” The executors took no part in the conduct of the business other than receiving the $50.00 monthly payments. Held, that the executors were not responsible as partners in said business conducted by the brother nor was the testator’s estate liable for the debts thereof.</p>