Painter v. Painter

Citations

• 4 Coffey 339

Syllabus

<p>Surviving Partner—Claim. Against Estate.—A surviving partner cannot collect from the general assets of his partner’s estate a debt due by the decedent to the partnership, without first complying with section 1585 of the Code of Civil Procedure and ascertaining if the firm assets will pay the firm debts.</p> <p>Wills.—Where a Testator Bequeaths His Partnership Interest, including “moneys out at interest,” when he has during his lifetime drawn moneys from the firm which it is claimed he merely borrowed from it, paying interest thereon, it is held that “moneys out at interest” do not include moneys drawn by him from the firm.</p> <p>Wills.—Where a Testator Leaves Certain Property to His Children, and in a subsequent clause provides that his wife shall share with them in all property, the second clause relates to and is controlled by the first, and the word “all,” underscored in the second clause, refers to the property specified in the first clause.</p> <p>Wills.—Inasmuch as the Testator had No Power of Disposition over his wife’s share of the community property, it is held in this case that she takes half of all the estate as survivor, and half of the remainder under the 'will, which latter gives her half and the children half.</p>