SURVIVOR1. The longest liver of two or more persons.
2. In crises of partnership2, the surviving partner is entitled to have all the effects of the partnership, and, is bound to pay all the debts owing by the firm. Gow on Partn. 157; Watson on Partn. 364. He is, however, bound to account for the surplus to the representatives of his deceased partners, agreeably to their respective rights.
3. A surviving trustee is generally vested with all the powers of all the trustees, and the surviving administrator3 is authorized4 to act for the estate as if he had been sole administrator. As to the presumption5 of survivorship, when two or more persons have perished by the same event, see Civ. Code of Lo. art. 930 to 933 and vide Death; Cro. Eliz. 503; 1 Bl. Rep. 610 2 Phill. Rep. 261; S. C. 1 Eccles. Reports, 250; Fearne on Rem. iv.; Poth. on Obli. by Evans, vol. 2, p. 346; 8 Ves. 10; 14 Ves. 578 17 Ves. 482; 6 Taunt6. 213; Cowp. 257; 5 Ves. 485. Vide, generally, 2 Fonbl. Eq. 102; 8 Vin. Ab. 323; 20 Vin. Ab. 146; 8 Com. Dig. 475, 594; 1 Suppl. to Ves. jun. 115, 186, 407, 8, 2 Suppl. to Ves. jun. 47, 296, 340, 391,477; 1 Fodere, Med. Leg. §424-483.
4. The right of survivorship among joint-tenants has been abolished, except as to estates beld in trust, in Pennsylvania, New York, Kentucky, Virginia, Indiana, Missouri, Tennessee, Alabama, Georgia, North and South Carolina. Vide Estates in Joint-tenancy. In Connecticut it never existed. 1 Swift's Dig. 102 see 1 Hill. Ab. 440. As to survivorship among legatees, see 1 Turn. & R. 413; 1 Br. C. C. 574; 3 Russ. 217. See Death; Estates in Joint-tenancy; Joint-tenants; Partnership.
SUS' PER COLL', EngI. law. In the English practice, a calendar is made out of attainted criminals, and the judge signs the calendar with their separate judgments7 in the margin8. In the case of a capital felony. it is written opposite the prisoner's name, "let him be hanged by the neck," which, when the proceedings9 were in Latin, was, "suspendatur per collum," or, in the abbreviated10 form, "sus' per coll'." 4 Bl. Comm. 403.
SUSPENDER, Scotch11 law. He in whose favor a suspension is made.
2. In general a suspender is required to give caution to pay the debt in the event it shall be found due. Where the suspender cannot, from his low or sus-pected circumstances, procure12 unquestionable security, the lords admit jura-tory caution; but the reasons of suspension are in that case, to be considered with particular accuracy at passing the bill. Act. S. 8 Nov. 1682; Ersk. Prin. L. Scot. 4, 3, 6.