Reference - Mortuary Blues

Multiple Choice

Reference - Mortuary Blues. Barry and Elaine had a partnership running a mortuary. Elaine died, and Barry continued to run the mortuary for a short time. He then decided to shut down the mortuary because it was too depressing without Elaine, who was a very vivacious person. Barry incurred expenses in closing the business affairs of the mortuary. He sought compensation for that, but the executor of Elaine's estate objected. The executor also claimed that Barry had no rights in Elaine's share of the specific partnership property. Barry, however, took the position that all interests of Elaine passed to him and that he owed her estate nothing. The articles of partnership do not address dissolution of the partnership or death of a partner. Which of the following is true regarding Barry's claim that he is entitled to compensation for closing down the mortuary?

A) He is not entitled to any compensation because the articles of partnership did not specifically give him that right.
B) He is not entitled to any compensation because the articles of partnership did not specifically give him that right, unless a witness heard Elaine say prior to her death that she agreed that he be paid additional funds for that work.
C) He is entitled to compensation for the work only if he can establish that all outstanding debts of the mortuary have been paid.
D) He is entitled to compensation for the work only if the executor agreed that it needed to be done.
E) He is entitled to compensation for the work.