the same might have been maintained, by or against the decedent. It is not necessary to join those in the action who have not qualified. In the city of New York, a public administrator is appointed. He acts under oath and gives a bond. He has authority to take charge of the property of persons dying intestate, leaving personal property in the county; or where such property comes into the county after the death of the owner; or where he shall die at quarantine, leaving personal property; or where such property shall arrive at quarantine after his death; or where a person dies on the passage to New York, and goods come to the quarantine. The widow and next of kin are entitled to administer, if they reside in New York, in preference to the public administrator. The powers and duties of the public administrator are the same as other administrators, in reference to the estate they administer. CHAPTER LXVI. REVOCATION OF WILLS. 1. A WILL may be revoked by another will, in writing, declaring the revocation, and executed with the same formalities as the will was required to be executed. A will may be altered in the same manner. A will may be revoked by burning, tearing, cancelling, obliterating, or destroying, with the intent and for the purpose of revoking the same, by the testator himself, or by another person in his presence, by his direction and consent. The direction ministrators? Is it necessary to join those who have not qualified? In what city is a public administrator appointed? Does he act under oath? Does he give bonds? Of what property does he take charge? What are his general powers and duties? 1. What is the first-mentioned mode of revoking a will? How executed? How may a will be altered? In what other way may a will be revoked? By whom may this be done? How proved? and consent of the testator, and the destruction thereof, must be proved by at least two witnesses. 2. If a man make a will, disposing of his whole estate, and afterwards marry, and have issue of such marriage, and the wife or issue be living at his death, such will is revoked, unless provision has been made for such issue by some settlement, or by the will, or be mentioned in such way as to show an intention not to make such provision. No other evidence to rebut such presumption can be received. A will executed by an unmarried woman is revoked by her subsequent marriage. 3. Any act of the testator by which the estate bequeathed shall be altered, but not wholly divested, is not deemed a revocation. The devise or bequest passes to the devisee or legatee, subject to the same encumbrances that would attach to it if it passed to heirs. If such alterations are entirely inconsistent with such devise or bequest, they will operate as a revocation thereof. 4. If, after making a will, the testator shall make a second will, cancelling the first, the destruction or revocation of the second will does not revive the first, unless it appear by the terms of such revocation that it was his intention to revive and give effect to the first will, or unless he shall duly republish his first will. 5. If a devisee or legatee die before the testator, leaving descendants, the devise or bequest does not lapse, but passes to such descendants. If a devise or bequest be made to a subscribing witness, such devise or bequest is 2. If a man make a will disposing of his whole estate, and afterwards marry, and have issue of such marriage, and the wife or issue be living at the time of his death? Can any other evidence be received to rebut this presumption? If an unmarried woman make a will, and afterwards marry? 3. If the estate be altered, but not wholly divested? How does the devise or bequest pass to the legatee or devisee? If such alterations are entirely inconsistent with such devise or bequest? 4. If, after making a will, the testator shall make a second will, cancelling the first, and afterwards revoke the second will? 5. If a devisee or legatee die before the testator, leaving descendants? If a devise or bequest be made to a subscribing witness? If such witness void, if the evidence of such subscribing witness is necessary to establish the will. Such legatee or devisee, however, is entitled to the same share of the estate to which he would be entitled if there were no will, if it does not exceed his legacy or bequest. If a testator devise an estate, and afterwards mortgage the same, it passes to the devisee, subject to such mortgage. If the testator devise an estate, and afterwards sell the same, it amounts to a revocation of the devise. CHAPTER LXVII. GENERAL PARTNERSHIPS. 1. A PARTNERSHIP exists when two or more persons combine their property, labor, and skill in the transaction of business, for their common profit. A partnership is presumed to be general, when there are no stipulations, and no evidence from the course of business, to the contrary. A partnership may be created for a special purpose, or be confined by the parties to a particular line. of business, or to a single transaction. Articles of copartnership are generally signed by the parties, and the partnership is considered as beginning at the date of the articles, unless they contain a stipulation to the contrary. 2. Persons who are competent to transact business on their own account, may enter into partnerships. The partners usually own together both the property and the would be entitled to a share of the estate, if the will should not be sustained? If the testator devise the estate, and afterwards mortgage the same? If the testator devise an estate, and afterwards sell the same? 1. When does a partnership exist? When is a partnership presumed to be general? For what may partnerships be created? What is generally signed by the parties? When is a partnership considered as beginning? 2. Who may enter into partnerships? What do the partners generally own together? Can there be a partnership in the profits simply? profits; but there may be a partnership in the profits only. As between the partners, the property may belong wholly to one member of the partnership, although it is bound to third parties for all the debts of the firm. One partner may own all the property, and the other may invest his skill and labor for a share of the profits. 3. All kinds of property may be held in partnership; but real estate is still subject to the rules which govern that kind of property. When real property is purchased with partnership funds, it will be treated as partnership property, and held, like personal property, liable for the debts of the firm. The share of a deceased partner in the surplus of the real estate, after all the debts are paid, and the claims of the several partners adjusted, will be considered and treated as real estate. Improvements made with partnership funds on real estate belonging to one of the partners, will be treated as personal property of the partnership. The widow is entitled to dower in the share of partnership real property which belongs to her deceased husband's estate, after all the debts and liabilities of the firm are paid. 4. The good-will of a partnership may be considered as property for many purposes. Although it cannot be attached, it may be assigned for the benefit of creditors. A new partner cannot be introduced into the firm, without the consent of all the partners. If one partner should sell his interest in the partnership, this would effect a dissolu As between the partners, to whom may the property belong? For what is the partnership property bound to third parties? What may one own, and the other invest? 3. What property may be held in partnership? To what is real estate still subject? When real estate is purchased with partnership funds, how will it be treated? For what is it held liable? How will the share of a deceased partner in the surplus of the real estate be considered, after the debts are paid? If improvements are made with partnership funds on the real estate of one partner? In what share of the partnership real estate will the widow of a deceased partner be entitled to dower? 4. How may the good-will of a partnership be considered? Can it be attached? Can it be assigned? Can a new partner be introduced into a firm without consent of all the partners? If one partner should sell tion of the partnership. A partnership may be formed by a written or parol agreement. Partners generally agree to enter into business together, and share the profits and losses. In the absence of specific stipulations or controlling evidence, the presumption of law is that the partners share the profits and losses equally. A partner may take any share of the profits which may be agreed upon by the partners. If a person is to reserve one-tenth of the profits for his services, he is still a partner. If he is to receive a salary equal in amount to one-tenth of the profits, this would not make him a partner. It would not give him any control in the business, or render him liable for the debts of the firm. 5. Partnerships are usually formed by a participation of both profits and losses, but an agreement may be entered into between the partners, that one shall have his share of the profits and not be liable for any of the losses. This agreement would be valid as between the partners. The partners among themselves may make any bargains they choose. But no such agreement will protect such partner from liability for the debts of the partnership, unless the creditor knew of this bargain between the partners, and gave the credit to the other partners only. 6. A secret partner is one not openly known to be a partner. A dormant partner is known as a partner, but he takes no share in the transaction and control of the his interest in the firm, what would be the effect? How may a partnership be formed? What is the general agreement between partners? In the absence of specific stipulations or controlling evidence, what is the presumption of law? What share of the profits may any partner take? if a person is to receive one-tenth of the profits for his services? If he is to receive a salary equal in amount to one-tenth of the profits? Of what would it give him no control? Would this render him liable for the debts of the firm? 5. In what do the partners usually participate? What agreement may be entered into between the partners? Between whom would this agreement be valid? What agreements may partners make between themselves? For what will no such agreement protect such partner from liability? 6. What is a secret partner? debts is a secret partner liable? What is a dormant partner? For what |