Miller's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Lebanon county. This was an appeal by Jonathan Miller, from the decree of the court below, distributing the balance in his hands as administrator of the estate of his father, Valentine Miller, deceased.
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Appeal from the Orphans’ Court of Lebanon county. This was an appeal by Jonathan Miller, from the decree of the court below, distributing the balance in his hands as administrator of the estate of his father, Valentine Miller, deceased. On the 19th January 1836, Valentine Miller, the intestate, contracted, by articles of agreement, to sell to his son Jonathan, the appellant, his farm in Lebanon county, at $60 per acre, payable in the following manner, to wit, $1500 part thereof, on the delivery of the deed, 11 and the remainder to be divided in three equal shares; the one share shall he the…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
Equality is equity amongst heirs, and the doctrine of advancement has, for its object, the furtherance of this end. It is defined to be “ a pure and irrevocable gift, by a parent, in his lifetime, to his child, on account of such child’s share of the estate, after .the parent’s deceaseBrightly’s JEq., § 389; Yundt’s *339Appeal, 1 Harris 575. The time when the advancement is to be considered and settled is, after the death of the ancestor, regardless of when made, and is to be treated as “purely a gift;” so that all considerations, as to time…
2Cited by20 opinions
- Laughlin EstateSupreme Court of Pennsylvania · 1945
- Long's EstateSupreme Court of Pennsylvania · 1916
- Harrison's EstateSupreme Court of Pennsylvania · 1929
- Appeal of PattersonPennsylvania Orphans' Court, Philadelphia County · 1889
- Houston EstateSupreme Court of Pennsylvania · 1956
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