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Advancement

A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839

A Law Dictionary, Adapted to the Constitution and Laws of the United States

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.