133 Ga. 851 | Ga. | 1910
Sarah Ireland brought suit against L. H. Dyer, administrator of S. B. Dyer, deceased, to recover her interest as distributee and heir at law of .the estate of said S. B. Dyer, who was the plaintiff’s father. It was alleged and admitted that there were several thousand dollars belonging to the estate in the hands of the administrator, which had not been distributed. The defense relied on was, that S. B. Dyer, prior to his death, had given to the plaintiff or to her husband for her, or to her jointly with her husband, a certain portion of his real estate as an advancement out of his estate; and further, that the land so conveyed was intended to be and was accepted as the plaintiff’s entire interest in his estate. The court so construed the deed and the evidence, and directed the jury to return a verdict for the defendant. The plaintiff moved for a new trial, which being denied, she excepted.
But it is argued that inasmuch as the gift evidenced by S. B. Dyer’s deed, if it was a gift, was to the son-in-law and not to the daughter of the donor, it can not be charged to her as an advancement in the distribution of the estate. The contention thus plainly stated can not be maintained. While we have been unable to find any decision of this court covering this precise question, we find abundant authorities in the decisions of the courts of other States, directly adverse to the petition of counsel for defendant in error. In the ease of Bridges v. Hutchins, 11 Iredell (N. C.), 68, the court said: “A gift to the husband during coverture is undoubtedly an advancement to the wife.” And in Hagler v. McCombs, 66 N. C. 345, it was said: “It can scarcely be contended that a gift of property to a son-in-law would not be prima facie an advancement to the wife; and this being so, no reason is seen why the payment of the husband’s debts would not be equally an advancement, and no reason is seen why the father, having become surety for these debts, should make the payment the less an advancement.” In the case of McDearman v. Hodnett, 83 Va. 280 (2 S. E. 643), the court, referring to the opinion last cited, said:
There was some attempt to show that Ireland secured possession of the land by a purchase from Jim Dyer, the son of S. B. Dyer, of Jim Dyer’s interest in* the property, but there is absolutely no evidence to show that the latter had either title to or the right of possession of the property in question; and in view of what we have ruled above as to the effect of the deed, and the further fact that it clearly appears that Ireland received and accepted the deed to this property from his father-in-law, and went into possession of the property, the court below was clearly right in giving to the deed the construction which he placed upon it.
Judgment reversed.