Spence v. Broyhill

By JUDGE THOMAS R. MONROE

This matter comes before the Court on the executor’s Petition for Declaratory Judgment and defendant’s Demurrer, Answer, and Cross-Petition for Declaratory Judgment. The Court heard the testimony of witnesses and has given careful consideration to the able arguments of counsel. The Court makes the following findings of fact and conclusions of law.

The issues presented are: whether those "sums" extended by the decedent in his lifetime to his son, the respondent, and to respondent’s business are an advancement or constitute a loan requiring the respondent to set off…