Grey's Heirs v. Grey's Adm'rs
Supreme Court of Alabama
Ebbob to tbe Court of Probate of Lawrence. On tbe final settlement and distribution of tbe estate of Natban Grey, deceased, it was suggested by tbe administrator, that one Daniel, wbo bad married a daughter of tbe decedent, and whose wife was entitled to a distributive share of said estate, bad received advancements from tbe intestate for which be bad failed to account.
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Ebbob to tbe Court of Probate of Lawrence. On tbe final settlement and distribution of tbe estate of Natban Grey, deceased, it was suggested by tbe administrator, that one Daniel, wbo bad married a daughter of tbe decedent, and whose wife was entitled to a distributive share of said estate, bad received advancements from tbe intestate for which be bad failed to account. Tbe parties not being able to agree upon tbe value of such advancement, tbe judge proceeded to' bear proof and determine tbe question himself. On this trial tbe administrator presented, and offered to read “as evidence to show…
1Opinion of the CourtLigon, J.
1. An advancement, in the sense in which it is employed in our statute in relation to distributions, may be defined to be a provision, made by a parent for his child, of money or property, the entire interest in which passes out of the former in his lifetime; though it is not requisite, in all cases, that it should take effect in possession before the death of the parent. 2 Williams on Ex’rs, 923; 2 P. Wms. 440; Toller 380; 2 P. Wms. 445.
If the parent let the child have' money, and take his note for the sum so due, it will be conclusive that, at the time the transaction took place, it was a…
2Cases cited3 opinions
- West v. Kelly's Ex'rsSupreme Court of Alabama · 1851
- Walker v. ClaySupreme Court of Alabama · 1852
- Long v. DavisSupreme Court of Alabama · 1851
3Cited by10 opinions
- Robinson v. MoseleySupreme Court of Alabama · 1890
- Kelly v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1895
- Bruce v. SlempSupreme Court of Virginia · 1886
- Dent v. FoySupreme Court of Alabama · 1923
- Fennell v. HenrySupreme Court of Alabama · 1881
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