Tart v. . Tart
Supreme Court of North Carolina
Appeal from Whedbee, J., at October Term, 1910, of Samp-SON. Proceedings beard on exceptions to report of referee. These proceedings were originally instituted before the clerk of the Superior Court by some of the children and grandchildren, heirs at law and distributees of Whitfield Tart, Sr., deceased, against others of the children of said Whitfield Tart, to bring about a division of certain lands of the deceased by sale of same.
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Appeal from Whedbee, J., at October Term, 1910, of Samp-SON. Proceedings beard on exceptions to report of referee. These proceedings were originally instituted before the clerk of the Superior Court by some of the children and grandchildren, heirs at law and distributees of Whitfield Tart, Sr., deceased, against others of the children of said Whitfield Tart, to bring about a division of certain lands of the deceased by sale of same. In the complaint and answer allegations were made of advancements to the different children in lands and money. Meanwhile the land was sold by order of court and…
1Opinion of the Court
DEFENDANT^ APPEAL.
HoKE, J.,
after stating the case: An advancement has been properly defined as a “free and irrevocable gift by a parent, in his lifetime, to his child, or person standing in place of such child, on account of such child or person’s share in the donor’s estate, which he will receive under the statute of descent or distribution if the parent or donor die intestate.” Thornton on Gifts and Advancements, p. 510. And in note 2 of this publication (p. 510) is cited a definition from 25 Ga., 352, as follows: “An advancement is that which is given by a father to his child, a…
2Cases cited14 opinions
- Neill v. . WilsonSupreme Court of North Carolina · 1907
- Kyle v. ConradWest Virginia Supreme Court · 1885
- Silliman v. . WhitakerSupreme Court of North Carolina · 1896
- Scroggs v. . StevensonSupreme Court of North Carolina · 1888
- Executors of Nolan v. BoltonSupreme Court of Georgia · 1858
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Thompson v. . SmithSupreme Court of North Carolina · 1912
- Nobles v. . DavenportSupreme Court of North Carolina · 1922
- Lunsford v. . YarbroughSupreme Court of North Carolina · 1925
- Whit v. . RaySupreme Court of North Carolina · 1843