ADVANCEMEN

1 definition found

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  ADVANCEMENT. That which is given by a father to his child or presumptive
  heir, by anticipation of what he 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, Sec. 9; Act
  8 April, 1833, Sec. 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 advancement had 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.