§ 48-1-39. Rights of retiring or estate of deceased partner when the business is continued.

     When any partner retires or dies and the business is continued under any of the conditions set forth in Subsection 48-1-38(1), (2), (3), (5), (6), or Subsection 48-1-35(2)(b) without any settlement of accounts as between him or his estate and the person or partnership continuing the business, unless otherwise agreed, he or his legal representatives as against such persons or partnership may have the value of his interest at the date of dissolution ascertained, and shall receive as an ordinary creditor an amount equal to the value of his interest in the dissolved partnership with interest, or, at his option or at the option of his legal representatives, in lieu of interest, the profits attributable to the use of his right in the property of the dissolved partnership; provided, that the creditors of the dissolved partnership as against the separate creditors or the representative of the retired or deceased partner shall have priority on any claim arising under this section, as provided by Subsection 48-1-38(8).

No Change Since 1953