The surviving partner has the right to continue in possession of the property of the firm, liquidating its liabilities and adjusting its business. It is his duty, however, to proceed to this end without delay and account with the executor or administrator at the earliest opportunity. Upon the application of the executor, the County Court is authorized to require such surviving partner to render an account, and the court may enforce obedience to this order, as in cases of contempt.6

5 Maynard vs. Richards, 166 Ill., 466.

(a) Partnership Debts. The firm property-being liable in the first instance for the firm debts, the surviving partner has the right to the custody and retention of the property of the firm so that he may settle the affairs of the partnership before turning over deceased partner's share of the property that may then remain to the executor or administrator of the decedent. The effects of the partnership are first to be applied to the payment of the partnership debts; the surplus goes to the representatives of the decedent.7