The Montgomery advertiser., 1904-09-01
NOBLE EFT AL. V TAFT

| l. Bill in Equity for Removal of Adminis-
 traitor into Chancery Court and for
 settlement thereof and for Enforce
 ment of Trusts.-Appeal from the
 City Court of Montgomery. in Equity
 l. VIII; duty of executrix coupled with other trusts; equity of bill for removal of administration and enforce ment of other trusts.-Where the will of testator provides that his estate shall be kept together to be distrib- uted equally among certain legatees as they become of age. and that there after the executrix should hold and manage and control the property as trustee for the sole and separate use of the legatees during their natural lives. and although said legatees had become of age the executrix had filed no inventory of the estate,> made no distribution, taken no steps to make a settlement, nor made any allowance to the legatees for the use of the prop erty.' said legatees. or any of them, can maintain a bill in equity to have the administration of the estate re- moved into the chancery court and to have a distribution, and the shares of the legatees in said estate ascertained and set apart and managed and dis posed of according to the provisions of the will. and. also to have an ac- counting by one of the legatees as to an alleged partnership which existed between him and the testator: and such bill Is not subject to demurrer.
 ?. Same: same; surviving partner proper party to such bill.-Where the surviving partner of a partnership is one of the legatees and distributes in the estate of the deceased partner, he may be joined as respondent In a hu n~n nf hA Afh Iaa distributes, against the executrix ask ing for the removal of the administra- ton into the chancery court and for the settlement of the administration, and praying that an accounting may be had of the partnership affairs be- tween the deceased testator and the surviving partner, as we'll as of the other funds of the estate that may have been received by such surviving partner. and that the interest of the estate In the partnership and the funds so returned by the surviving partner may be made to enure to the benefit of the estate by decreeing that the thereof be deducted from his interest in the estate: and such bill contains equity and can be 
 B. Decedents estate; indebtedness of legatee assets of such estate-Tne of legatee or distribu- tee to a decedent's estate constitute assets of such estate. which 1t is the executors or administrators duty to collect for the benefit of creditors, leg atees and distributes: and, therefore, such indebtedness may be deducted from any legacy or distributive share of the debtor.
 4. Partnership dissolved by death of one of the parties: statutes of limi- tations runs from time of final settie- a partnership is dis solved by the death of one of the part ners, the statute of limitations does not begin to run against the claim of the decedent's estate against the sur viving partner, until the partnership business has been wound up by final settlement thereof
 8. Same; statute of limitations does not prevent retention of amount due from share of surviving partner.-The lapse of time from the death of one member of a partnership does not op- crate to prevent the retention from the share of the surviving partner. who was a legatee and distributee in the estate of the deceased partner, of such sum as may be due him or such surviv- ing partner to the estate.
 Affirmed.
 Opinion by Shsrpe. ].