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Advance

Defined in 6 dictionaries — Cyclopedic (1922), Bouvier (1914), Black's (1910), Kinney (1893), Black's (1891), Anderson (1889)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

As a noun means something ujaj. course, that precedes, such as a payment of money Adventitia bona are goods which fall to a made' before it is due. 169 111. App. 341 man otherwise than by inheritance. anticipation 'Adventitia dos is a dowry or portion given

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

To supply beforehand; to furnish something before an equivalent is received; to loan. Rogers v. Bank, 108 N. C. 574, 13 S. E. 245.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

v. To pay money or render other value before it is due; or to furnish capital in aid of a projected enterprise, in expectation of return from it

A Law Dictionary and Glossary

George C. Kinney · 1893

To supply beforehand, as, to advance money or materials; to set for%vard, as, to set forward a cause on the calendar that it may sooner come up for consideration.

A Dictionary of Law

Henry Campbell Black · 1891

«. To pay money or render other value before it is due; or to furnish capital in aid of a projected enterprise, in expectation of return from it.

A Dictionary of Law

William C. Anderson · 1889

5 1. To move forwai-d on a list or calendar of causes, for early consideration: as, to advance a cause — whence advanced cause. 3. To supply beforehand; to loan before work is done or goods made: as, to advance materials or moneys.^ An advance of money on a contract is a payment made before an equivalent is received.'' In maritime insurance, has no fixed meaning; commonly refers to advances to a crew or on account of freight; may include money expended by a fislu.''g vessel for bait. 8 In a will, " advanced " and " loaned " may be interchanged.* In a will, may not be restricted to " advancement " within the meaning of a statute, but may include any benefit conferred which the testator might have considered an appropriation of his estate."** In its strict legal sense, " advances " does not mean gifts — advancements, but a sort of loan; and, in its ordinary sense, includes both loans and gifts — loans more readily, perhaps, than gifts." also State v. Fellows, 60 Wis. 65 (1880); 1 Crlm. Law Mag. 579-82 (1880), cases; 1 Law Quar. Rev. 471-74 (1885). " Miner v. People, 58 111. 00 (1871); 16 id. 85; Montana V. Whitcomb, 1 Monta. 362 (1871). ' Pollock V. Po Uock, 71 N. Y. 141^3, 144-48 (1877), cases; Loveden v. Loveden, 2 Hagg. 1 (1810); 1 Whart. Ev. § 225. s Goodwin V. Owen, 55 Ind. 249 (1876). * Smith V. State, 39 Ala. 555 (1865); 14 id. 609. »F. avancer, to go forward: avant, before. « Powder Company ■». Buckhardt, 97 U. S. 117 (1877), Hunt, J. ' Gibbons v. United States, 1 Dev. 51, § 145. 8Bumham v. Boston Mar. Ins. Co., 189 Mass. 39C (1835). » Wright's Appeal, 89 Pa. 70 (1879). A mortgage for " future advances " is valid at common law and throughout the United States, except where forbidden by local law.> See Guaranty, 2. Advancement. Giving, by anticipation, the whole or a part of what it is supposed a child will be entitled to on the death of the gi Ter.2 A pure and irrevocable gift made by a parent to a child in anticipation of such child's future share of the parent's estate.' A giving by a parent to a child or heir, by way of anticipation, of the whole or a part of what it is 'supposed the donee will be entitled to on the death of the party making it.* " Advancements " means money or property given by a father to his children as a portion of his estate, and to be taken into account in the final partition or distribution thereof. "Advances" has a broader signification; it may characterize a loan or a gift, or money advanced, to be repaid conditionally.* There is no intention to have a " gift " chargeable on the child's share of the estate. In " debt " the relation of debtor and creditor still exists.^ If, after an advancement, a will be made, the intention of the testator with respect thereto is a matter of fact determinable from the will and extrinsic testimony.^ Proof that gifts were made is not suiflcient: it must appear that they were intended as advancements. ^ Advancement is always a question of intention; and this must be proven to have existed at the time of the transaction. Thus, declarations of a parent.that money, for v^hich he held a note, was an advancement will establish it as such. The declarations must be of the res gestce, accompanying the act.* See Hotchpot.