ADVANCEMENT

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ADVANCEMENT

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. Seealso 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 bemade 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 ormother may be an advancement. 1 S. & R. 427; Act 19 April 1794, Sec. 9; Act8 April, 1833, Sec. 16. There are in the statute laws of the several statesprovisions relative to real and personal estates, similar in most respectsto those which exist in the English statute of distribution, concerning anadvancement to a child. If any child of the intestate has been advanced byhim by settlement, either out of the real or personal estate, or both, equalor superior to the amount in value of the share of such child which would bedue 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 realor personal estate of the intestate. 3. But if the advancement be not equal, then such child, and in case ofhis death, his descendants, are entitled to receive, from the real andpersonal estate, sufficient to make up the deficiency, and no more. 4. The advancement, is either express or implied. As to what is animplied 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. Incase of a debt, the money due may be recovered by action for the use of theestate, 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 hisfather'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; 4Mass. 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; 11John. 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; 1Watts & 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 lengthin Morl. Rep. de Jurisp. Rapport a succession.

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