Advancement
The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The Cyclopedic Law Dictionary
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.