Advancement

A gift by by some friend other than the parent. from a parent to a child of the whole or a part of what it is supposed such child would ADVENTURA (Lat. an adventure). Flotinherit on the death of the parent. 6 Watts sam, jetsam, and ligan are styled adven- (Pa.) 87; 4 Serg. & R. (Pa.) 333; 17 Mass. turae maris, adventures of the sea. Hale 358; 11 Johns. (N. Y.) 91; Wright (Ohio) de Jur. Mar. pt 1, c 7. An advancement 339. can be made, only, ^ by a ADVENTURE. Sending goods abroad unparent to a child (5 Miss. 356; 2 Jones [N. der charge of a supercargo or other agent, C] 137); or in some states, by statute, to a which are to be disposed of to the best adgrandchild (4 Kent, Comm. 419; 4 Watts vantage for the benefit of the owners. [Pa.] 82; 4 Ves. 437). The goods themselves so sent. The intention of the parent is to decide In Marine Insurance. The risk or peril whether a gift is intended as an advance- insured against. See 14 Fed. 233. ment. 23 Pa. St. 85; 11 Johns. (N. Y.) 91; 2 Mc Cord (S. C.) 103. See 26 Vt. 665. ADVERSE ENJOYMENT. The posses- Ademption, distinguished. sion or exercise of an easement or privilege An advancement, unlike an ademption under a claim of right against the owner of has to do with intestate estates only. the land out of which the easement is de- Debt, distinguished. rived. 2 Washb. Real Prop. 42. An advancement differs from a debt in ADVERSE POSSESSION. The enjoythat there is no liability on the part of the ment of land, or such estate as lies in grant, child to repay during the lifetime of the under such circumstances as indicate that donor, nor after his death except by way such enjoyment has been commenced and of suffering a deduction from his portion of continued under an assertion or color of the estate. right on the part of the possessor. 3 East, An Gift, advancement distinguished. differs from a gift in 394; 1 Pick. (Mass.) 466; 2 Serg. & R. that it is charged against the child. (Pa.) 527; 3 Pa. St. 132; 8 Conn. 440; 2 distinguished. Aik. (Vt.) 364; 9 Johns. (N. Y.) 174; 18 An Loan, advancement is not the equivalent of Johns. (N. Y.) 40, 355; 5 Pet. (U. S.) 402; a loan, as one making an advancement can- 4 Bibb (Ky.) 550. not require its return. 228 111. 288. There must be actual possession. 45 111. 388; 36 Minn. 525; 78 N. C. 354; 1 Grat.

A gift by anticipation from a parent to a child of the whole or a part of what it is supposed such child will inherit on the death of the parent. Hengst's Estate, 6 Watts (Pa.) 87; Sampson v. Sampson, 4 S. & R. (Pa.) 333; Osgood v. Breed's Heirs, 17 Mass. 358; Jackson v. Matsdorf, 11 Johns. (N. Y.) 91, 6 Am. Dec. 355; Parish v. Rhodes, Wright (Ohio) 339; Dames' Ex'r v. Lloyd, 82 Va. 859, 5 S. E. 87, 3 Am. St Rep. 123. The doctrine applies only to intestate estates, and proceeds upon the presumption, in the absence of a will, that the gift is in anticipation of the parent's death, and that he intended equality; but a subsequent disposal by will rebuts the presumption; Marshall v. Rench, 3 Del. Ch. 239, per Bates, Ch. But an advancement, properly so called, though a thing known under certain ancient customs in England, is now a creature of statute, and, by the statute, is confined to intestate estates, and never applied to lands devised; Marshall v. Rench, 3 Del. Ch. 239, 253, where the opinion states fully the English statutes and policy. An advancement can only be made by a parent to a child; Callender v. Mc Creary, 4 How. (Miss.) 356; Shiver v. Brock, 55 N. C. 137; Bisph. Eq. 84; or in some states, by statute, to a grandchild; 4 Kent 419; Dickinson v. Lee, 4 Watts (Pa.) 82, 28 Am. Dec. GS4; 4 Ves. 437. It must be ejusdem generis; 3 Yo. & Coll. 397; as is the rule with respect to ademption, q. v. It is held that a gift to a husband by wife's father is considered an advancement to the wife; Bruce v. Slemp, 82 Va. 352, 4 S. E. 692; and that it is a question of fact, where decedent in his lifetime made a conveyance to his daughter-in-law; Palmer v. Culbertson, 65 Hun 625, 20 N. Y. Supp. 391. The intention of the parent is to decide whether a gift is intended as an advancement; Lawson's Appeal, 23 Pa. 85; Jackson C.) 103. See Weatherhead v. Field, 26 VL 665. A mere gift is presumptively an advancement, but the contrary intention may be shown; Brown v. Burke, 22 Ga. 574; Grattan v. Grattan, 18 111. 167, 65 Am. Dec. 726; Lawrence v. Mitchell, 48 N. C. 190; Hatch v. Straight, 3 Conn. 31, 8 Am. Dec. 152; Scott v. Scott, 1 Mass. 527; Bruce v. Slemp, 82 Va. 352, 4 S. E. 602; Culp v. Wilson, 133 Ind. 204, 32 N. E. 928. The maintenance and education of a child, or the gift of money without a view to a portion or settlement in life, is not deemed an advancement; Ison v. Ison, 5 Rich. Eq. (S. C.) 15; Sherwood v. Smith, 23 Conn. 516. If security is- taken for repayment, it is a debt and not an advancement; High's Appeal, 21 Pa. 283; West v. Bolton, 23 Ga. 531; Barton v. Rice, 22 Pick. (Mass.) 508; and see Procter v. Newhall, 17 Mass. 93; Osgood v. Breed's Heirs, 17 Mass. 359; Stewart v. State, 2 Harr. & G. (Md.) 114. Payment of a son's debts will be considered an advancement; Steele v. Frierson, 85 Tenn. 430, 3 S. W. 649; or the payment by the father as surety of the notes of his son who had no estate; Reynolds' Adm'r v. Reynolds, 92 Ky. 556, 18 S. W. 517. No particular formality is requisite to indicate an advancement; 1 Madd. Ch. Pr. 507; 4 Kent 418; Brown v. Brown, 16 Vt 197; unless prescribed by statute; 4 Kent 418; Hartwell v. Rice, 1 Gray (Mass.) 587; Mowry v. Smith, 5 R. I. 255; Sayles v. Baker, 5 R, I. 457. Where a father divides his property equally between two sons, conveying to one his share, it is considered an advancement where no deed is delivered to the other; O'Connell v. O'Connell, 73 la. 733, 36 N. W. 764. The effect of an advancement is to reduce the distributive share of the child by the amount so received, estimating its value at the time of receipt; Oyster v. Oyster, 1 S. & R. (Ta.) 422; Nelson v. Wyan, 21 Mo. 347; Burton v. Dickinson, 3 Yerg. (Tenn.) 112; War field v. Warfield, 5 Harr. & J. (Md.) 459; Beckwith v. Butler, 1 Wash. (Va.) 224; Hall v. Davis, 3 Pick. (Mass.) 450; in some states the child has his option to retain the advancement and abandon his distributive share; Clark v. Fox, 9 Dana (Ky.) 193; Taylor v. Reese, 4 Ala. 121; to abandon his advancement and receive his equal share of the estate; Knight v. Oliver, 12 Gratt. (Va.) 33; Andrews v. Hall, 15 Ala. 85; Phillips v. Mc Laughlin, 20 Miss. 592; Grattan v. Grattan, 18 111. 167, 65 Am. Dec. 726; but this privilege exists only in case of intestacy; Newman v. Wilbourne, 1 Hill, Ch. (S. C.) 10; Sturdevant v. Goodrich, 3 Yerg. (Tenn.) 95; Howland v. Heckscher, 3 Sandf. Ch. (N. Y.) 520; Hawley v. James, 5 Paige, Ch. (N. Y.) 450; Ves. Ch. 323. See Ademption; Gift. It is not chargeable with interest; Miller's

Money or property given to a child by a father or any one in loco parentis in anticipation of inheritance.

Money or property given by a father to his child or presumptive heir, or expended by the former for the latter's benefit, by way of anticipation of the share which the child will inherit in the father's estate and intended to be deducted therefrom. It is the latter circumstance which differentiates an advancement from a gift or a loan. Advancement, in its legal acceptation, does not involve the idea of obligation or future liability to answer. It is 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. 13 Pa. St. 530. An advancement is any provision by a parent made to and accepted by a child out of his estate, either in money or property, during his life-time, over and above the obligation of the parent for maintenance and education. Code Ga. 1882, § 2579. An "advancement by portion," within the meaning of the statute, is a sum given by a parent to establish a child in life, (as by starting him in business,) or to make a provision for the child, (as on the marriage of a daughter.) L. R. 20 Eq. 155.

Money or property given to a child by a father, or other person in, loco parentis, in anticipation of what the child might inherit.

[L. Lat. advanceamentum.] A payment or appropriation of money, or a settlement of real estate made by a parent to, or for a child, in advance, or anticipation of the distributive share to which such child would be entitled after his death, and with a view to a portion or settlement in life. 2 Bl. Com. 517. Lovelass on Wills, 140. et seq. 2 N. Y. Rev. St. [97,] 37, §§ 76 — 78. A giving by anticipation the whole, or a part of what it is supposed a child will be entitled to, on the death of the party making the advancement. Parker, C. J., 17 Mass. R. 356, 358. The maintenance or education, or giving of money to a child, without a view to a portion or settlement in life, is not an advancement. 2 N. Y. Rev. St. [98,] 37, § 78. Lovelass on Wills, 140, 220. 4 Kent's Com. 418. United States Digest, Advancement.

isthat which is given by a parent to his child or presumptive heir, by anticipation of what he might inherit. There is, generally,in the statute laws of the several states, provisions relative to real and personal estates, similar to that which exists in the English statute of distribution, concerning an, advancement to a child. If any child of the intestate has been advanced by him by settlement, either out of the real or personal estate, or both, equal or superior to the amount and personal estate, if no such advancement had been made, then such child and his descendants, are excluded from any share in the real or personal estate of the intestate. But if the advancement be not equal, then such child, and in case of - his death, his,descendants, are entitled to receive, from the real and personal estate, sufhcient to make up the deficiency,andno more. ‘lhe advancement is either express or implied. As to what is an implied advancement see 2 Fonb. Eq. 121; 1 Supp. to Ves. Jr. 84; 2 Ib. 57; 1 Vern. by Raithby, 88, 108, 216; 5 Ves. 421; 3 Bac. Ab. 76; 4 Kent, Com. 173.