M'Kibbin's Estate
M'Kibbin's Estate
Opinion of the Court
Opinion by
Notwithstanding the general rule that advancements, strictly speaking, are confined to cases of intestacy, it is well settled that they may exist, though subsequently a will is made by the parent, and in such cases it depends on the will how such charges are to be considered: Watson v. Watson, 6 Watts, 254; Wright’s Appeal, 89 Pa. 67.
The note involved in this case is a sealed acknowledgment of indebtedness “ payable as follows, at my decease to be taken out of my share of her city property after her decease.” Notwithstanding the patent ambiguity of this language and what
It thus appears that after the making of the advancement to Alexander, evidenced by the note in controversy, the testatrix made her will, in which she carefully considered the subject, provided what should be taken as advancements, the
The learned auditor and the court below were guided by the expressed intent of the testatrix to make an equal division of her estate among her children. But they failed to give sufficient weight to the fact that she had herself indicated what she considered equality. Whether the lands in Bedford county previously conveyed to her sons respectively were of equal value, and whether $5.00 an acre was the actual value of those in Fulton county, does not appear nor is it at all material. The testatrix fixed those values and directed that subject to them the distribution should be equal. She thus closed all further inquiry as to her intent with regard to equality.
Decree reversed and distribution directed to be made in accordance with this opinion.
Reference
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- Decedent's estates—Advancements—Intestacy—Will. Notwithstanding the general rule that advancements, strictly speaking, are confined to cases of intestacy, it is well settled that they may exist though subsequently a will is made by the parent, and in such cases it depends on the will how such charges are to be considered. Where a mother makes an advancement to a son and takes from him a note payable at her decease out of his interest in her estate, and subsequently the mother makes a will in which she carefully considers the subject of advancements to her children, provides what should be taken as advancements, the amount of them, and the parties from whose shares they should be deducted, and then provides in explicit terms that “ subject to the advancements .... heretofore mentioned,” there should be an equal division of the estate among children mentioned, the estate will be distributed without regard to the note. In such a case the note although an advancement at its inception was plainly canceled by the testatrix.