Whitman v. Hapgood
Massachusetts Supreme Judicial Court
The decree appealed from in this case was made for the distribution of the real property of the father of the appellant, Charles Whitman, deceased, among his heirs.
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The decree appealed from in this case was made for the distribution of the real property of the father of the appellant, Charles Whitman, deceased, among his heirs. The deceased died intestate after the 1st day of July, 1806, having, on the 5th day of May, 1798, made and executed a deed, whereby, in consideration of the love and affection he bore to his son, C. W., the present appellant, and his desire to see him comfortably settled in the world, he conveys to his said son certain lands, with covenants of general warranty. And the question in the case was, whether this should be taken to be…
1Opinion of the CourtJackson, J.
There is no doubt that the conveyance, on which the question in this case arises, would have been deemed * an advancement according to the statute in force at [ * 439 ] the time when the deed was made. The terms of the *434deed are within the letter, and according to the obvious meaning, of the statute of 1783, c. 36, <§> 7, which determines what shall be considered advancing a child by settlement in the lifetime of the parent. If, then, the intestate had died before the 1st day of July, 1906, there could have been no doubt in the case. By,the sixth section of the statute of 1805, c. 90, it is…
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