Sherwood v. Smith
Supreme Court of Connecticut
This was an appeal from a decree of the court of probate for the district of Fairfield, finding that certain advancements had been made to the children of Jeremiah Sherwood, deceased, and directing that distribution of his estate should be made accordingly.
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This was an appeal from a decree of the court of probate for the district of Fairfield, finding that certain advancements had been made to the children of Jeremiah Sherwood, deceased, and directing that distribution of his estate should be made accordingly. Upon the hearing of the case before the superior court for Fairfield county, at the February term, 1855, the following facts were found: In 1824, Jeremiah Sherwood conveyed to his son, Gershom W. Sherwood, certain real estate, of the value of $1,100, and charged the same to him, as so much advanced toward his portion. Afterward, the two…
1Opinion of the CourtWaite, C. J.
If Jeremiah Sherwood had conveyed the property to his son, as an absolute gift, he could not afterward, without the consent of his son, convert that gift into an advancement, although at the time of the transfer, it was competent for him to give it either character, as he pleased. The right to charge, as an advancement, must exist at the time, of the conveyance.
*521Nor could he deprive his son of a full distributive share of his estate, upon his dying intestate, by merely charging him with a sum, as an advancement, without the transfer of any property. For although it was competent for him to…
2Cited by8 opinions
- Ellis v. NewellSupreme Court of Iowa · 1903
- In Re the Estate of HayneCalifornia Supreme Court · 1913
- Brook v. LatimerSupreme Court of Kansas · 1890
- Dillman v. CoxIndiana Supreme Court · 1864
- Hirning v. WebbIdaho Supreme Court · 1966
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