Drake v Harvey & ors [2011] EWCA Civ 838
Wills & Trusts Law Reports | November 2011 #114Mr and Mrs H, their son A and their daughter F were partners in a partnership engaged in farming. The partnership was governed by a partnership deed dated 14 February 1989. One of the assets of the farming partnership was farmland worth approximately £5.5m. Mr and Mrs H ceased to be partners as a result of their loss of mental capacity. They have since died. A ceased to be a partner on his death and therefore F was the only surviving partner.
The partnership capital was originally divided into A and B capital and additional capital. By clause 6 of the partnership deed, A capital h...