Legal Specs

Definition 1

That which
is given by a father to his child or presumptive
heir, by anticipation of
whathe might inherit. 6 Watts, R. 87, 17 Mass. R.
358, 16 Mass. R. 200, 4
S. & R. 333, 11 John. R. 91, Wright, R. 339. See also
Coop Just. 515, 575,
1 Tho. Co. Lit. 835, 6, 3 Do. 345, 348, Toll. 301, 5
Vez. 721, 2 Rob. on
Wills, 128, Wash. C. C. Rep. 225, 4 S. & R. 333, 1 S. &
R. 312, 3 Conn.
Rep. 31, and post Collatio bonorum.


2. To constitute an advancement
by the law of England, the gift must be
made by the father and not by
another, not even by the mother. 2 P. Wms.
856. In Pennsylvania a gift of
real or personal estate by the father or
mother may be an advancement. 1 S.
& R. 427, Act 19 April 1794, 9,
Act 8 April, 1833, 16. There are in the
statute laws of the several
states provisions relative to real and personal
estates, similar in most
respects to those which exist in the English
statute of distribution,
concerning an advancement to a child. If any child
of the intestate has been
advanced by him by settlement, either out of the
real or personal estate, or
both, equal or superior to the amount in value
of the share of such child
which would be due from the real and personal
estate, if no such
advancementhad been made, then such child and his
descendants, are excluded
from any share in the real or personal estate of
the intestate.


3. But if the advancement be not equal, then such
child, and in case of
his death, his descendants, are entitled to receive,
from the real and
personal estate, sufficient to make up the deficiency,
and no more.


4. The advancement, is either express or implied. As
to what is an implied
advancement, see 2 Fonb. Eq. 121, 1 Supp. to Ves. Jr.
84, 2 lb. 57, 1 Vern.
by Raithby, 88, 108, 216, 5 Ves. 421, Bac. Ab. h. t.,
4 Kent, Com. 173.


5. A debt due by a child to his father differs
from an advancement. In
case of a debt, the money due may be recovered by
action for the use of the
estate, whether any other property be left by the
deceased or not, whereas,
an advancement merely bars the child"s right to
receive any part of his
father"s estate, unless he brings into hotch pot
the property advanced. 17
Mass. R. 93, 359. See, generally, 17 Mass. R. 81,
356, 4 Pick. R. 21, 4
Mass. R. 680, 8 Mass. R. 143, 10. Mass. R. 437, 5
Pick. R. 527, 7 Conn. R.
1, 6 Conn. R. 355, 5 Paige"s R. 318, 6 Watts" R.
86, 254, 309, 2 Yerg. R.
135, 3 Yerg. R. 95, Bac. Ab. Trusts, D, Math. on
Pres. 59, 5 Hayw. 137, 11
John. 91, l Swanst. 13, 1 Ch. Cas. 58, 3 Conn.
31, 15 Ves. 43, 50, U. S. Dig.
h. t., 6 Whart. 370, 4 S. & R. 333, 4 Whart.
130, 540, 5 Watts, 9, 1 Watts &
Serg. 390, 10 Watts, R. 158, 5 Rawle, 213,
5 Watts, 9, 80, 6 Watts & Serg.
203. The law of France in respect to
advancements is stated at length in
Morl. Rep. de Jurisp. Rapport a
succession.

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