Father and Son Operating Agreements

  • Jacob H. Beuscher


Recent years have seen publication of a large number of agricultural extension bulletins urging fathers to join with their sons in the joint operation of the family farm.1 As a result, there is a good deal of interest among farm people in so called “father-son agreements.” Unfortunately, inclusion of a printed form of agreement in most of these bulletins has created the impression in the minds of many, that a father-son agreement is a set, inflexible arrangement. Nothing could be further from the truth.


Family Farm Farm Owner Legal Relationship Limited Partnership Operating Agreement 
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  1. 1.
    Hill and Harris, Family Farm Operating Agreements, N. Central Regional Pub. 17, Mich. State College, Ag. Exp. Sta. (1951);Google Scholar
  2. McNulty, Farm Business Agreements for Father and Son, Univ. of Minn. Ag. Ext. Bull. 248 (Jan. 1946);Google Scholar
  3. Hoglund and Anderson, Father-Son Farming Plans, South Dakota State Coll. Ag. Exp. Sta. Bull. 390, (June 1948);Google Scholar
  4. Eckert, Father-Son Farming Arrangements, Ohio State Univ. Ag. Ext. Bull. 219 (Jan. 1949),;Google Scholar
  5. Cunningham and Case, Father-Son Farm Business Agreements, Univ. of Ill. Ag. Ext. Serv. Circular 587 (Jan. 1949);Google Scholar
  6. Parsons and Waples, Keeping the Farm in the Family, Univ. of Wis. Ag. Exp. Sta. Bull. 157 (Sept. 1945);Google Scholar
  7. Sorden, Why Not Retire on the Farm? Univ. of Wis. Ag. Ext. Serv. Special Circular (Dec. 1945);Google Scholar
  8. Beuscher and Young, Your Property, Plan Its Transfer, Univ. of Wis. Ag. Ext. Circular 407 (1951);Google Scholar
  9. Long and Parsons, The Labor Foundations of Wisconsin Family Farms (mimeo Bull. Univ. of Wis. Department of Ag. Econ. 1946 );Google Scholar
  10. Warren, Father and Son Arrangements, Cornell Univ. Ag. Exp. Sta. Bull. 533 (Feb. 1946);Google Scholar
  11. Hill, Father and Son Farm Partnerships, Mich. State College Ag. Exp. Sta. Special Bull., 330 (Apr. 1994);Google Scholar
  12. McNall, Steps Toward Farm Ownership, Univ. of Wis. Ag. Ext. Bull., 368 (Mar. 1946);Google Scholar
  13. Berry and Hill, How to Keep Your Farm in the Family, Mich. State College Ag. Exp. Sta. Special Bull., 357 (Apr. 1949);Google Scholar
  14. Headington and Moore, Father-Son Farming Plans and Arrangements, Ohio Ag. Exp. Sta. Bull. 686 (Feb. 1949);Google Scholar
  15. Young, Guide to Father-Son Farming Arrangements, Kentucky Ag. Ext. Circular 463 (1949);Google Scholar
  16. Wrigley, Father and Son Farm Business Agreements, Pennsylvania Ag. Exp. Bull., 492 (1948);Google Scholar
  17. Burdick, Father and Son Farm Agreements, Colorado Ag. Exp. Bull., 491 (1946);Google Scholar
  18. Davis, Father-Son Partnership Agreements in Farming, Oregon Ag. Ext. Bull. 674 (1946);Google Scholar
  19. Stucky and Thompson, Montana Father-Son Business Agreement for Farm or Ranch, Montana Ag. Ext. Bull. 247 (1947);Google Scholar
  20. Jones, When Father and Son Farm Together, Maine Ag. Ext. Bull. (1947).Google Scholar
  21. See also Note, Family Farm—Transfer from Father to Son by Lease and Contract to Make a Will, 1948 Wis. Law Review 561. for comment on these bulletins, see Coe, Father and Son Farm Agreements, 1950 Wis. Law Review 331; Ellis, Legal Problems in Father-Son Farming Operations, 27 Land Economics 235 (1951).Google Scholar
  22. 2.
    See 17 Am. Law Reports, 2nd Series (1951) 566, 570.Google Scholar
  23. 3.
    In Schleicker v. Krier, 218 Wis. 376, 261 N. W. 413 (1935) son worked farm on shares and paid $200 per year for the use of the machinery. Father was to help “as possible” and kept some of the land and produce of it. Son was to buy feed but father actually bought it. Court held this no partnership. See also 137 Am. Law Reports (1942) 6, 64, 112.Google Scholar
  24. 4.
    Hoffsomer and Solberg, The Social and Economic Significance of Land Tenure in the Southwestern States (1950) 233, when reference is made to Oklahoma and Texas law.Google Scholar
  25. 5.
    See Gehl, Limited Partnerships in Family Farm Transfer and Operating Agreements, 1952 Wis. Law Review 171.Google Scholar

Copyright information

© Springer Science+Business Media New York 1960

Authors and Affiliations

  • Jacob H. Beuscher
    • 1
  1. 1.University of WisconsinMadisonUSA

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