Costello v. Tighe

• Decision Date: 18 December 1907
• Citation: 69 A. 269,103 Me. 324
• Parties: COSTELLO v. TIGHE.
• Court: Maine Supreme Court

69 A. 269

103 Me. 324

COSTELLO

v. TIGHE.

Supreme Judicial Court of Maine.

Dec. 18, 1907.

Exceptions from Supreme Judicial Court, York County.

Application by Esther E. Costello for letters of administration in the estate of John H. Tighe, deceased. Letters granted to Katherine A. Tighe, and applicant excepts. Exceptions overruled.

The plaintiff filed a petition in the probate court, York county, praying that letters be granted to her, as surviving partner, to close up the partnership affairs of the firm of John H. Tighe, deceased, and herself. After a hearing on the petition, it was decreed by the judge of probate that no partnership existed between the said John H. Tighe and the plaintiff. The plaintiff then appealed to the Supreme Judicial Court, sitting as the supreme court of probate. A hearing on the appeal was had in the supreme court of probate, and after the hearing the presiding justice found and decreed as follows:

"Only one question is raised by the reasons of appeal. After hearing and considering the evidence and arguments of counsel, I find that there was no partnership existing between the said John H. Tighe and the said Esther E. Costello at the time of the death of the said John H. Tighe.

"It is therefore ordered and decreed that the decree of the probate court be affirmed, with costs against the appellant."

The plaintiff then excepted to the ruling, order, and decree of the presiding justice.

Argued before EMERY, C. J., and WHITEHOUSE. STROUT, PEABODY, SPEAR, and CORNISH, JJ.

Anthony Dwyer, for plaintiff. Cleaves, Waterhouse & Emery, for defendant.

WHITEHOUSE, J. This was a petition to the probate court of York county asking that letters be granted to Esther E. Costello, as surviving partner, to close up the partnership affairs of the firm of John H. Tighe, deceased, and the petitioner. It was decreed by the probate court that no partnership existed between John H. Tighe and Esther E. Costello at the time of the death of the former. From this decree an appeal was taken to the Supreme Judicial Court, sitting as the supreme court of probate. A hearing was had on this appeal, and the following decree entered by the presiding justice, namely:

"Only one question is raised by the reasons of appeal. After hearing and considering the evidence and arguments of counsel, I find that there was no partnership existing between the said John H. Tighe and the said Esther E. Costello at the time of the death of the said John H. Tighe."

The decree of the probate court was accordingly affirmed, with costs against the appellant. The case comes to the law court on exceptions to this ruling.

It was not in controversy that a partnership between the appellant and Tighe was formed by articles of agreement dated February 8, 1899, to continue for a term of five years. It...