Brannigan v Brannigan - [1954] NZLR 858

Partnership — Partnership Agreement — Construction — Partner, in Event of other Partner's Death, to have Option (to be exercised within One Month of Death of Deceased Partner) of Purchasing Latter's Share — Notice of Intention to exercise Option "within one month of the date of the death of the deceased partner to be served upon the personal representative of the deceased partner" — "Efforts made" within Month by Surviving Partner to serve Widow with Notice of Exercise of Option before and after Grant of Letters of Administration to Her — Service after Expiry of Month — Widow "personal representative" at all Material Times — Sufficient Compliance by Surviving Partner with Requirements as to Service of Notice of Intention to exercise Option.

Vendor and Purchaser — Land Sales — Partnership Agreement giving Surviving Partner Option to purchase Deceased Partner's Share — Share of Partner in Assets, including Land, to be regarded as Personalty — Such Option, given without Court's Consent, not contravening Statute in Force when Agreement executed — Partnership Act, 1908, s 25 — Servicemen's Settlement and Land Sales Act, 1943, s 43 (1) (d).