Autrey v. Autrey's Adm'r
Supreme Court of Alabama
Appeal from' the ¿Register in Chancery...at .Claiborne, sitting as Probate Judge for Monroe comity. IN tbe matter of tbe final settlement and distribution Df the estate of Alexander Autrey, deceased, -on the suggestion of the administrator, .that the decedent.had made advancements in his life-time to Anonymous B. Autrey, his son, which ought, to be brought into hotchpot. '■ On tbe trial of tbe issue., joined on. this suggestion, as the bill of exceptions states^-*,* tbe only…
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Appeal from' the ¿Register in Chancery...at .Claiborne, sitting as Probate Judge for Monroe comity. IN tbe matter of tbe final settlement and distribution Df the estate of Alexander Autrey, deceased, -on the suggestion of the administrator, .that the decedent.had made advancements in his life-time to Anonymous B. Autrey, his son, which ought, to be brought into hotchpot. '■ On tbe trial of tbe issue., joined on. this suggestion, as the bill of exceptions states^-*,* tbe only evidence adduced was tbe following” t 1. The answer 4f-said Anonymous,SB. 'Autrey,¡-on oath, as required by the act…
1Opinion of the CourtR. W. Walker, J.
The- rate-is,--that- when either. *618i money or property is given by a parent to his child, it -&iil i be presumed to be an “ advancement under the statute, unless the nature-©f the -gift repels-su'ch presumption ; as in the case»,of triüáng presents, money expended for education, &c. But thq presumption, that' property given by a , parent to his child was intended-as an ‘ adtancemfent,’ may - be repelled by evidence showing that a gift, and not an advancement, was intended; and for this'purpose; the contemporaneous declarations of the parent are admissible.— Mitchell v. Mitchell, 8 Ala. 414,…
2Cases cited3 opinions
- Distributees of Mitchell v. Mitchell's Adm'r.Supreme Court of Alabama · 1845
- Johnson v. BeldenSupreme Court of Connecticut · 1850
- Butler v. M. Ins.Supreme Court of Alabama · 1848
3Cited by3 opinions
- Jennings v. JenningsSupreme Court of Alabama · 1947
- Ellis v. NewellSupreme Court of Iowa · 1903
- Clements v. HoodSupreme Court of Alabama · 1876