Ray v. Loper
Supreme Court of Missouri
Appeal from Bates Circuit Court—Hon. Foster P. Wriuht, Judge. 1st. No interest can be charged upon money given to a child by way of advancement, and if land advanced to a child be brought into hotchpot, it must be brought in at its value at the time the advancement was made, and this inflexible rule must be applied, although the land had increased to twenty times its original value.
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Appeal from Bates Circuit Court—Hon. Foster P. Wriuht, Judge. 1st. No interest can be charged upon money given to a child by way of advancement, and if land advanced to a child be brought into hotchpot, it must be brought in at its value at the time the advancement was made, and this inflexible rule must be applied, although the land had increased to twenty times its original value. Grattan v. Grattan, 18 111. 167; Osgood, v. Breed’s heirs, 17 Mass. 356; Hall v. Davis 3 Rick. 450. 2nd. The evidence shows that the two hundred acres claimed to have been entered and bought by Daniel Ray for ~W.…
1Opinion of the CourtTIbnry, J.
1. PARENT AND CHILD; advancement: hatch-pot-
A voluntary conveyance of land by a parent to a child is prima facie an advancement, and if the party to whom the advancement was made . comes m for a distributive snare or the estate of the parent, such advancement shall be brought into hotchpot with the estate descended. Bringing into hotchpot, under our statute, does not mean that the property or money advanced shall, in kind or specie, be thrown in with the property which has descended, but that it is to be estimated and charged against the party according to its value at the time the…
2Cases cited6 opinions
- Ringo v. RichardsonSupreme Court of Missouri · 1873
- Darrier v. DarrierSupreme Court of Missouri · 1874
- Levering v. RittenhouseSupreme Court of Pennsylvania · 1839
- Kennedy v. Estate of KennedySupreme Court of Missouri · 1874
- Grattan v. GrattanIllinois Supreme Court · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Burton v. BaldwinSupreme Court of Iowa · 1883
- Nelson v. NelsonSupreme Court of Missouri · 1886
- Gunn v. ThrustonSupreme Court of Missouri · 1895
- In re Estate of ElliottSupreme Court of Missouri · 1889
- Ladd v. StephensSupreme Court of Missouri · 1898
10 more not listed; retrieve them via the Exa API.