GOODBURN VS. STEVENS. 425

sentatives, so far from asking for its then dissolution, have, some
of them, insisted on its continuance , and his widow and ad-
ministratrix has only called for a settlement on the apparent
presumption of its continuance; the partnership must, therefore,
be taken to have been continued on its then existing terms, by
the express or implied consent and contract of all concerned.
All the property belonging to the partnership, of whatsoever
nature or kind, must be considered as its estate; and being so
held by those individuals in their associated capacity as a part-
nership, must be treated as liable, exclusively, and in the first
place, to none other than claims against that artificial capacity
or person. And, consequently, whether such property of
the partnership be considered as real or personal estate,
none of it can be held liable to the claim of a creditor, dowress,
heir, devisee, widow, legatee, or next of kin, of any living or
deceased partner, in his natural capacity, until all claims against
the partnership have been satisfied, and the whole concern has
been so completely wound up and adjusted, as to enable each
member of the partnership to take his due share of the surplus
or residuum in his individual or natural capacity. And as a
widow of a deceased partner can have dower assigned to her
out of none other than such real estate of inheritance of which
her husband had been, in his natural capacity, sole seized dur-
ing the coverture'; and as it does not appear that Samuel Hayes,
deceased, was at any time so seized of any real estate held by
the partnership, as in the proceedings mentioned, his widow
can have no right to dower, as claimed by her bill of complaint.
And recollecting, moreover, that as no one of the partners, or
his representatives can be entitled to anything more than his
due share of so much of the partnership property as remains
after all its concerns have been entirely closed, it is only that
residuum which is to be distributed according to its true value;

and as that true value can only be ascertained by an actual sale,
it has been deemed necessary in all cases, to have it all sold,
whether consisting of real or personal estate, so as to make an
accurate distribution of the net proceeds of sale, considering
the whole as personalty, among the partners according to the
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