GOODBURN VS. STEVENS. 433

is to be received, we think, as the correct doctrine upon this
subject.

But the true question presented for our consideration, on this
branch of the case, and that to which the argument of the coun-
sel has been addressed, is: whether assuming the partnership
to have been solvent, on the 20th of May, 1825, the period of
its dissolution, the interest of Samuel Hayes in the partnership
lands is to be treated as real estate, descendible to his heirs,
and chargeable with dower; or as changed for all purposes into
personal estate, and distributable as such among his personal
representatives ?

It cannot be denied, that upon this question, there has been,
both in England and the United States, great diversity of judi-
cial opinion and decision. But the case before us is clear of
any agreement between the partners, direct or implied, impress-
ing upon their real estate the character of personalty., and under
such circumstances we consider the true rule to be, that the in-
terest of the deceased partner in the partnership lands is to be
treated as real estate, and that the appellant is entitled to a suit-
able allowance out of the proceeds of the sales of these lands,
as an equivalent for her dower; provided, of course, the part-
nership shall be found to have been solvent at the period of its
dissolution.

The doctrine that real estate purchased with the partnership
funds for its use, and on its account, is to be regarded in a court
of equity, as the personal estate of the company for all purposes
of the partnership, stands upon a familiar and just principle. It
is the clear case of an implied or constructive trust, resulting
from the relation which the partners bear to each other, and
from the fact that the estate was brought into the firm, or pur-
chased with the funds of the partnership, for the convenience
and accommodation of the trade. For this reason, in whoseso-
ever name the legal title may reside, the estate is held, in the
eye of a court of equity, for the use of the partners as the ces-
tui que trusts, and if a partner dies, the legal estate of which he
was seized as a tenant in common passes to his heirs or de-
visees, clothed with a similar trust in favor of the surviving
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