241 Pa. 98 | Pa. | 1913
Opinion by
It is conceded by appellant that certain payments made by his father for his benefit should be charged as advancements to be deducted from his share of the estate, but it is denied that moneys advanced to him personally from time to time should be so charged. After making a specific devise to his daughter the testator directed the remainder of his estate to be divided equally between his three children; appellant being a son. This is followed by the clause which relates to advancements: “I desire that Four Thousand Dollars of the money advanced by me for my son Augustus shall not be deducted from his share of my estate.” It is argued that money advanced for Augustus is not the same thing as money advanced to him, and that the testator only intended such payments as he made to other parties on account of his son to be charged as advancements. This argument is plausible but we cannot agree
We cannot agree with learned counsel for appellant that there was error in charging Augustus with the items mentioned in the seventh and eighth assignments.
Decree reversed and record remitted with directions to make distribution in accordance with the views expressed in this opinion. Costs to be paid out of the estate.