O'Dell

The action was brought for an accounting based upon an alleged partnership, of which plaintiffs, the decedent, and the individual defendants were members. Separate demurrers were interposed by the administrator and the other defendants, which were sustained, and the plaintiffs, declining to amend,' judgment passed, from which the appeal has been taken. The rights and duties of a surviving partner are clearly set forth in the Code of Civil Procedure and the decisions of the courts. In section 1585 of said code it is provided that “When a partnership exists between the decedent at the time of his death, and any other person, the surviving partner has the right to continue in possession of the partnership and to settle its business. . . . The surviving partner must settle the affairs of the partnership without delay, and account with the executor or administrator and pay over such balances as may from time to time be payable to him, in right of the decedent. Upon the application of the executor or administrator, the court or a judge thereof, may, whenever it appears necessary, order the surviving partner to render an account . . . ; and the executor or administrator may maintain…