advancemen

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.