Legal Opinion

Christy's Appeal

Supreme Court of Pennsylvania

Decided January 4, 1858PublishedCited by 4 opinions

Appeal from the decree of the Orphans’ Court of Westmoreland county. This case presents the following facts, to wit: The real estate of James Christy, which passed into partition, was valued at $10,033.36, and was divided into five shares.

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Appeal from the decree of the Orphans’ Court of Westmoreland county. This case presents the following facts, to wit: The real estate of James Christy, which passed into partition, was valued at $10,033.36, and was divided into five shares. Afterwards, James Christy, a son, and Robert Borland, who had been married to a deceased daughter, and guardian of his minor child, presented their petition to the said court, alleging that a tract of land which had been conveyed by James' Christy, Sr., to his son William, and not included in the above valuation, was given to him as an advancement. John…

1Opinion of the Court

The opinion of the court was delivered

by Woodward, J.

— An advancement is an irrevocable gift by a parent, who afterwards dies intestate, of the whole or a part of what it is supposed the child will be entitled to, on the death of the party making the advancement. Whether the conveyance of property by a father to a son is to be considered as an advanced *371portion, or a gift, or partly one and partly the other, depends on the intention of the grantor at the time the conveyance is made, and of this intention the declarations, of the grantor at the time, 'or the admissions of the child at the time…

2Cited by4 opinions

  1. State v. RosaSupreme Court of New Jersey · 1905
  2. O'Connor v. FlickSupreme Court of Pennsylvania · 1921
  3. Person's AppealSupreme Court of Pennsylvania · 1873
  4. Eckels' EstatePennsylvania Orphans' Court, Montgomery County · 1940

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