A stipulation is valid which provides that on the death of one of the partners the partnership shall continue among the survivors. In such case the heir of the deceased shall only be entitled to have a division made, fixing it on the day of the death of his constituent; and he shall participate in the subsequent rights and obligations only insofar as they are a necessary consequence of what has been done before said day.
If the stipulation should be that the partnership shall continue with the heir, it shall be enforced without prejudice to the provisions of subsection (4) of § 4391 of this title.
History —Civil Code, 1930, § 1595.