Reinoehl's Estate
Supreme Court of Pennsylvania
Reinoehl's Estate, 212 Pa. 359 (Pa. 1905)
61 A. 943; 1905 Pa. LEXIS 616
Dean, Elkin, Fell, Mestrezat, Potter
Reinoehl's Estate
Opinion of the Court
Advancement is always a question of intention to be determined by what took place at the time and, in the absence of evidence as to this, by the attendant circumstances. The auditor found both from the declarations of the parent made at the time and from the surrounding circumstances that an advancement and not a gift or loan was intended. This finding, approved by the court, we should not disturb unless convinced that it was plainly erroneous. We find nothing in the testimony that leads us to doubt its correctness.
The decree of the court is affirmed at the cost of the appellant.
Reference
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Decedents’ estates—Advancement—Parent and child. An advancement by a parent to a child is always a question of intention to be determined by what took place at the time, and in the absence of evidence as to this by the attending circumstances. Where an auditor finds both from the declarations of a parent made at the time and from the surrounding circumstances that an advancement and not a gift or loan was intended, such finding, when approved by the' court below, will not be reversed except for manifest error.