Advance

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.