31 Pa. 337 | Pa. | 1858
The opinion of the court was delivered by
Equality is equity amongst heirs, and the doctrine of advancement has, for its object, the furtherance of this end. It is defined to be “ 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 deceaseBrightly’s JEq., § 389; Yundt’s
The auditor in this case followed these principles, and distributed the residuum of the estate, after deducting advancements. This decision being excepted to, the learned president of the Orphans’ Court overruled it, and directed the appellant’s portion to be distributed to the other heirs. This is the ground of exception here.
The learned judge controverted none of the principles suggested, but denied to them their legal operation, under the idea, that the agreement between Valentine Miller and his son Jonathan controlled the distribution. By the agreement, the father sold to his son his farm for $4398.75; of which $1500 were paid down, and bonds given for the residue, under the following stipulation: “ and the remainder to be divided into three equal shares, the one share shall be Jonathan Miller’s, his hereditary portion from his father, Valentine Miller, the other two shares shall be divided into eight equal yearly payments,” &c., to be paid in equal proportions to a son and daughter, his remaining children. The intestate lived with the appellant nearly twenty years thereafter, and after his death, his estate amounted to a few hundred dollars more than the two-thirds value of the farm, at the time of the sale. It was this increase that gave rise to the present controversy.
The agreement very clearly manifests an intention on the part of the intestate, to divide his estate equally among his three children; for, by it, he made them equal to a cent, as regarded his real property, which constituted almost, if not entirely, his whole estate at that time, differing only as to the period of enjoyment; a difference not thought an objectionable inequality in wills, or so regarded in the intestate laws, or by the Act of the 8th April 1833, or by the law regulating advancements, all of which favor
Advancement is a pure gift, on account of the child’s share of the estate of the parent, as already stated; and consequently is not chargeable with interest, unless, perhaps, when expressly given and received upon such terms. That was not thé case here, but the learned judge determined the equity of the case by a consideration much akin to its allowance, for he says, Jonathan had the use of $966, for about twenty years, before his father’s death, while his brother and sister were postponed until after his death. Against this, however, the fact that the father lived all the time with Jonathan, was considered; but this, again, was presumed to have been compensated, in the advantages in the bargain for the farm. These presumptions all contemplate compensation for advancements, and are therefore at war with the principle — it is a pure gift, and not to be interfered with, as such, by considerations not expressly existing at the time when made. This was a case of ordinary advancement, and we can only regard the rights of the parties, in the spirit of the law ordinarily regulating it. For these reasons, the decree of the Orphans’ Court must be reversed.
Decree reversed, and distribution decreed according to the auditor’s report. The appellees to pay the costs in this court.