Distributees of Mitchell v. Mitchell's Adm'r.
Supreme Court of Alabama
Error to the Orphans’ Court of Montgomery. This was a proceeding to ascertain the share of the distributees of the estate of Thos. J. Mitchell, who had been advanced in unequal proportions, by the deceased in his lifetime. The question being, whether Thomas J. Mitchell and Theacot E. Mitchell, had received certain property as an advancement, or as a gift, a jury was empannelled, who found, under the charge of the Court, 'that it was not an advancement, but a gift.
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Error to the Orphans’ Court of Montgomery. This was a proceeding to ascertain the share of the distributees of the estate of Thos. J. Mitchell, who had been advanced in unequal proportions, by the deceased in his lifetime. The question being, whether Thomas J. Mitchell and Theacot E. Mitchell, had received certain property as an advancement, or as a gift, a jury was empannelled, who found, under the charge of the Court, 'that it was not an advancement, but a gift. To prove that certain property was intended by the deceased as a gift, and not as an advancement, they produced certain deeds…
1Opinion of the CourtOrmond, J.
The idea of requiring children who had been advanced, during the lifetime of their father, to bring the money or property thus received into hotchpot, when he died intestate, appears to have been obtained in England, from the custom of the city of London, and incorporated in the statute of distributions of 22 and 23 Chas. 1st, as stated by Lord Raymond, in Edwards v. Freeman, 2 P. Will. 449; see also, Holt v. Federick, Ib. 356, and Elliott v. Collier, 1 Ves. sen’r. 17.
The custom of London, which was referred to, is, that which *420divided the freeman’s personal estate into three parts, one of…
2Cited by13 opinions
- In Re the Estate of HayneCalifornia Supreme Court · 1913
- Brook v. LatimerSupreme Court of Kansas · 1890
- Bruce v. SlempSupreme Court of Virginia · 1886
- Dent v. FoySupreme Court of Alabama · 1923
- Estate of WilliamsMissouri Court of Appeals · 1895
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