High's Appeal
Supreme Court of Pennsylvania
This was an appeal by Ezra High, administrator of tbe estate of William Higb, deceased, from tbe decree of the Orphans’ Court of Berks county, upon his administration account. William High died intestate in the spring of 1851, leaving a widow and three sons, and one daughter living, and the children of one deceased son, and also the children of two deceased daughters. The intestate left a large real and personal estate.
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This was an appeal by Ezra High, administrator of tbe estate of William Higb, deceased, from tbe decree of the Orphans’ Court of Berks county, upon his administration account. William High died intestate in the spring of 1851, leaving a widow and three sons, and one daughter living, and the children of one deceased son, and also the children of two deceased daughters. The intestate left a large real and personal estate. In his life-, time he had advanced to his son Charles on the 4th day of July, 1839, the sum of $3000, for which he took his bond, payable on demand without interest. On the…
1Opinion of the Court
The opinion of the Court was delivered, by
Lewis, J.
— An advancement is an irrevocable gift by a parent in his lifetime, to a child, on account of such child’s share of the parent’s estate. Where a father, on advancing a sum of money to a son, takes a bond for its repayment, with or without interest, it is a debt, and not an advancement. Where a father thus takes a bond for money loaned, but takes none for money paid for farming utensils for his son when he commenced farming, the presumption that the money secured by the bond is a debt, acquires additional strength. And where the father…
2Cited by4 opinions
- William F. Mosser Co. v. Cherry River Boom & Lumber Co.Supreme Court of Pennsylvania · 1927
- Barron v. BarronSupreme Court of Georgia · 1935
- Harrison's EstatePennsylvania Orphans' Court, Philadelphia County · 1929
- Tritschler v. TritschlerSuperior Court of Pennsylvania · 1921