National State Bank v. Pennock

Citations

• 2 Monag. 166
• 1889 Pa. LEXIS 1359

Syllabus

<p>A testator directed by his will that his interest in a partnership, with which he was connected, should be continued by his executors. After his death, a notice was issued, signed with the firm name, announcing the death of the decedent and stating that, in accordance with the directions of the will of the deceased partner, his estate and interest in the firm and its property would remain as before, and the business be conducted under the same firm name by the surviving partners and the executors of the deceased partner. One of the executors, who was the deceased partner’s widow, knew nothing of the notice, nor did she take part in the conduct of the business ; but she received from the firm the same weekly allowance which her husband had received. In an action against the surviving partners and the executors individually, in order to fix an ■individual liability on the part of the executors, the court entered a non-suit on the ground that the parties had not been proved to constitute a partnership. Held, not to be error.</p>