17 A. 980 | N.H. | 1888
No question of jurisdiction is presented. Locke v. Hancock,
The statute of distribution (G. L., c. 203, ss. 9, 10) provides that an advancement made to an heir in the lifetime of the deceased shall, in the distribution of the estate, be "accounted, according to its value, as part or whole of the share of such heir," and "may be taken into consideration in the division of the real estate." But it is not in terms provided that equalization shall go so far as to compel the repayment by an heir of any part of an advancement. The advancement is a completed gift by the ancestor, to be accounted by the recipient as his share or part of his share in distribution (Fellows v. Little,
The application of specific devises and legacies to the payment of the testator's debts and other necessary charges against his estate (G. L., c. 203, ss. 13, 14) does not include the recalling of advancements for such a purpose.
Exceptions overruled.
CARPENTER, J., did not sit: the others concurred. *6