41 W. Va. 8 | W. Va. | 1895
The heirs of John G. Coffman, deceased, instituted a suit in the Circuit Court of Harrison county for the distribution and partition of his estate. At the May term, 1894, a decree was entered excluding John M. Coffman, son, and Frederick W. Coffman, Ulysses S. Coffman, Winfield B. Coffman, Willis F. Coffman, and John N. Coffman, grandchildren, being the children of Alonzo B. Coffman, a deceased son, from participating in said estate by reason of advancements made during the lifetime of decedent to said sons. And this is the sole question presented by this appeal.
This question has already been determined by this Court in the case of Roberts v. Coleman, 37 W. Va. 143 (16 S. E. Rep. 482). But appellant’s counsel ask the reviewal of that case for the reason that the Court’s attention was not called to section 13, chapter 78, of the Code; 2 Minor 445; and the case of Needles' Ex'r v. Needles, 7 Ohio St. 432. The Court certainly was familiar with the statutory provision relating to advancements, without having its attention expressly di
The same principles govern the case of Alonzo B. Coffman, deceased. He, according to his solemn acknowledgment, acceptance and enjoyment, received a full share of his father’s estate, and is bound thereby. The advancement to him was by deed, and was in consideration in full of his interest in his father’s estate, "now and hereafter.” He being dead, his children claim they do not take through him, but directly as heirs of their grandfather; yet they admit that they are willing and legally bound to bring the advancement received by him into hotchpot. This being done, defeats their right to any further portion of the grandparent’s estate, for the
The grandchildren can no doubt see the arrangement operated justly towards their father, but regard it as unjust in so far as they art concerned. They and the court must be governed, not by a sense of abstract equity, but by the statutory provisions relating to the descent and distribution of estates. This is a matter entirely of legislative control. The legislature has the authority to disinherit all grandchildren, or to provide that all estates should descend to the children, and, in case of no child, then to the grandchildren; but it has seen fit to make the following provisions govern the descent of estates to grandchildren: First. As contained in section 1, chapter 78, of the Code. All estates shall descend to children and their descendants. Second. Where a part of the children are dead and part living, the issues of those that are dead shall take per stirpes or by stocks; “that is to say, the shares of their deceased parents.” Section 3, same chapter. Third. Under section 13, any advancements made to a child, deceased, must be brought into hotchpot by such child’s issue; in this case the grandchildren.
The grandchildren say here they are ready to bring the amount advanced to their father into hotchpot. The law says they must do this, or be excluded from the distribution. When brought in, it is found that the father agreed that the amount so received by him should be deemed equivalent to his full share of the estate. The law says, “Your father has received his full share, and for that reason, you, the grandchildren, are not entitled to anything.” The grandchildren answer that “the amount received by our father is not equal
For the foregoing reasons the decree complained of is affirmed.