Robertshaw v. Hanway

Citations

• 52 Miss. 713

Syllabus

<p>1. Partnership : Surviving partner. Administrator. Mortgage.</p> <p>When a widow and administratrix of a deceased partner joins with the surviving partner in executing a note for a partnership debt, and a mortgage to secure the payment of the same, conveying the real estate of the firm, such anote is without consideration as to the widow, and as administratrix she has no authority to execute a mortgage upon the real estate.</p> <p>2. Same : Foreclosure. Necessary parties.</p> <p>In a suit against the surviving partner, to subject firm assets, the administrator of the deceased partner is not a necessary party to the proceedings, where the object is solely to reach the property of the firm. If the suit is to subject the individual property of the partners, then the administrator of a dead one is a necessary party.</p> <p>3. Same: Same: Personalty of the firm. In whom vested.</p> <p>The personal property of the firm, upon the death of a partner, vests in the survivor, and the realty vests in the survivor in common with heirs of the decedent, but in no event does the title to the partnership property devolve upon the administrator of the deceased partner.</p> <p>4. Same : Minor heirs. Homestead exemption.</p> <p>' Neither the partners nor the heirs can acquire any interest in the partnership property, real or personal, adverse to the trust imposed upon it by law, for the payment of the partnership debts. The widow of a deceased partner is only entitled to dower in the partnership realty, after the payment of the firm debts, and the right to a homestead exemption stands on no higher ground-</p>