148 A. 704 | Pa. | 1929
Argued November 29, 1929. Clause eight of the last will of the late Mitchell Harrison, of Philadelphia, is: "I forgive my son Kearsley and my daughter Nathalie any advances which may be charged against them upon my books as of the date of this will." Its proper construction as relates to the son, Kearsley, is the only question involved in this appeal by him from the decree of the orphans' court. Testator died August 19, 1927, having executed the will here in question on May 23d of the same year. He was survived by his widow and by certain children and grandchildren for whom the will provides. Testator kept books in which was entered an account, inter alia, of *516 financial transactions with his son, Kearsley. At the date of the will and also at testator's death there appeared therein, under the head of "Advancement Ac.," amounts totalling $60,000 and under the head of "Loan Ac." a balance of $12,870.88, and for which latter amount testator held the son's note dated February 15, 1924. This note was found among testator's papers and the question is, Was the indebtedness represented thereby forgiven by the eighth clause of the will? We have reached the conclusion, in harmony with that of the majority opinion of the orphans' court, that it was not.
"Advancement," as a law term, signifies "a pure and irrevocable gift, by a parent, in his lifetime to his child, on account of such child's share of the estate, after the parent's decease": Miller's App.,
The decree is affirmed and appeal dismissed at the cost of appellant.