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- Charles and L. W. Clement were brothers who had formed a partnership that lasted forty years until Charles discovered that his brother, who kept the partnership’s books, had made several substantial personal investments with funds improperly withdrawn from the partnership. He then brought an action in equity seeking dissolution of the partnership, appointment of a receiver, and an accounting. Should Charles succeed? Explain.Shelly and Nadine bought a store building and took title as joint tenants. Nadine died testate. Shelly now owns the store a) As a joint tenant with rights of survivorship b) In severalty c) As a tenant in common with Nadine’s heirs d) In trustA, B and C were in general partnership business. Because of wrong decision taken by Mr.C the business got losses, which even the business assets cannot cover those liabilities and all of the partners will be subjected for unlimited liabilities. Who will be liable for the business debts and has to use personal property to pay for the losses. Select one: a. Partner B b. Partner C c. Partner A d. All the partners
- Anderson and Tallstrom are partners in Rancho Murieta Investors (RMI). Anderson owns 80 percent of RMI; Tallstrom owns the other 20 percent and is the managing partner of RMI. Hellman obtained judgments against Anderson in his individual capacity for more than $440,000. After various unsuccessful attempts to enforce the judgments, Hellman obtained an “Order Charging Debtor John B. Anderson’s Partnership Interest” in RMI. Despite the charging order, Hellman has not received any monies in satisfaction of the judgments because RMI had not generated profits and was not expected to do so in the near future. Explain what Hellman’s rights are with respect to the unsatisfied charging order.Curtis, who was blind, signed a will with an X in the presence of two witnesses. Is the will valid? Farber made a will leaving his estate to his wife and three children. After making the will, he and his wife adopted two children. Are they entitled to a portion of the estate under the will upon Farber’s death? Seward, age 15, made a will leaving all her property to her brother. She died ten years later. Will the will be upheld?Question 10 I. The dissolution of the partnership discharges the existing liability of any partner. II. The individual property of a deceased partner shall be liable for all obligations of the partnership incurred while he was a partner, but subject to the prior payment of his separate debts. a. Only I is correct b. Only II is correct c. Both are true d. Both are false
- Sole proprietorship is a legal entity created bya state, separate and distinct from its ownersand mangers, having unlimited life.Select one:TrueFalseIn Suzanne’s will, she left her home and five acres to her niece, Abrhianna. However, before her death, Suzanne sold the property to Clark, providing a deed in fee simple. At the moment of Suzanne’s death, who owns the property? Select the right answer. a) neither Clark nor Abrhianna own the property. b) Clark and Abrhianna become co-owners of the property. c) Clark owns the property.Denise and Evelyn agree to run a laundry business and share the profit. However, Evelyn also sells cakes on their business premises. Advise Denise as to whether she is entitled to a share of profit in the cake business.
- Alex, Bart and Charlie are co-owners of a small urban land, they having inherited the same from their wealthy aunt. Dante owns the adjoining land. Charlie donated a portion of the land that he co-owns with Alex and Bart to Excel, and Bart sold his portion to Ferleine. a. Has Dante the right of redemption with respect to the portion of Bart? Explain.Subject: Law on Partnership and Corporations 1. Distinguish between articles of incorporation and by-lawsJames and Suzanne engaged in the grocery business as partners. In one year, they earned considerable money, and at the end of the year, they invested a part of the profits in oil land, taking title to the land in their names as tenants in common. The investment was fortunate, for oil was discovered near the land, and its value increased many times. Is the oil land partnership property? Why or why not?