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 correct regarding the executor's rights, if any, in specific partnership property?

A) The executor was entitled to one-half of the partnership assets including half of the specific partnership property.
B) The executor was not entitled to any specific partnership property because all property rights passed to Barry according to the right of survivorship.
C) The executor was entitled to one-half an interest in the specific partnership property only if Elaine was the managing partner pursuant to the articles of partnership.
D) The executor was only entitled to specific partnership property not in use at the mortuary at the time of her death.
E) The executor was entitled to a one-half interest in specific partnership property, but that interest could only be realized when Barry decided to close the mortuary and liquidate assets.