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. Is Barry correct that he owed Elaine's estate nothing?

A) Yes, because all rights passed to him at the time of her death.
B) He is correct only if Elaine's will was silent on the matter.
C) He is correct only if he, not Elaine, was the managing partner.
D) He is incorrect because he had a duty to account to Elaine's estate for the value of Elaine's interest in specific property.
E) He is incorrect because he had a duty to give the executor half the caskets, etc. on hand when Elaine died as well as half of all accounts due.