...cannot be without a contract tor ... , it with the testator. The executor has a right to have by saie the value ascertained in the way, in which it can be best ascertained, by sale. If the implied obligation is, that partners are to use the property for the benefit of those, whose...

...one proposition, however, which, perhaps, is stated too generally: I have there said (Z,), that " an executor has a right to have the value ascertained...in which it can be best ascertained — by sale." But, upon turning over this matter more carefully in my mind, though I think the proposition, as a...

...the purpose of distribution amongst the personal representatives of the deceased. For that purpose he "has a right to have the value ascertained in the way in which it can be best ascertained, by sale." (Per Lord Eldon, C., in Crawshay \. Collins, 15 Ves. 227). And, consequently, such property must be...

...of common law, upon grounds, which seem absolutely irresistible.3 And yet the contrary doctrine has loss, can take the whole property ; do what they please...way, in which it can be best ascertained, by sale. If the implied obligation is, that partners are to use the property for the benefit of those, whose...

...partners, instead of settling the accounts, and agreeing with the executor as to the terms, upon which his beneficial interest in the stock is still to be continued, subject still to the possible fartn. 41 ^ 323. And here the consideration naturally arises, (which has been already touched in another...

...which, perhaps, is stated too generally : I have there said, 15 Ves. 227, that an executor has the right to have the value ascertained in the way in which it can be best ascertained — by sale. But, * * * I am ready to admit, that there may be circumstances, both in the course of dealing between...

...partners, instead of settling the accounts, and agreeing with the executor as to the terms upon which his beneficial interest in the stock is still to be continued,...what they please, and compel the executor to take the caleulated value. That cannot be without a contract for it with the testator. The executor has a right...

...partners, instead of settling the account and agreeing, with the executor as to the terms upon which his beneficial interest in the stock is still to be continued,...contract for it with the testator. The executor has л right to have the value ascertained, in the way in which it is best ascertained, by sale." If this...

...partners, instead of settling the account, and agreeing with the executor as to the terms upon which his beneficial interest in the stock is still to be continued,...That cannot be without a contract for it with the testatov. The executor has a right to have the value ascertained, in the way in which it is best ascertained,...

...partners, instead of settling the account, and agreeing with the executor as to the terms upon which his beneficial interest in the stock is still to be continued,...possible loss, can take the whole property, do what 1 Jervis v. White, 6 Ves. 738 ; 3 Dan- ship actually dissolved, tlie court orders iell's Ch. Pr. (Perkins'...