Online Encyclopedia

ADVANCEMENT

Online Encyclopedia
Originally appearing in Volume V01, Page 235 of the 1911 Encyclopedia Britannica.
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ADVANCEMENT  , a

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term technically used in
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English law for a sum of
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money or other benefit, given by a
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father during his lifetime to his child, which must be brought into account by the, child on a distribution of the father's estate upon an intestacy on pain of, his being excluded from participating in such distribution . The principle is of ancient origin; as regards goods and chattels it was
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part of the ancient customs of
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London and the province of York, and as regards
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land descending in coparcenary it has always been part of the
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common law of England under the name of hotch-pot (q.v.) . The general
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rule was established by the Statutes of Distribution . The conditions under which cases of advancement arise are as follows : There must be a
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complete intestacy; the intestate estate must be that of the father; and the advancement must have been made in the
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life-time of the father . Land which belongs or would belong to a child as heir at law or customary heir need not be brought in to the common fund, even though such land was given during the father's life . The widow can gain no
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advantage from any advancement . No child can be forced to account for his or her advancement, but in default thereof he will be excluded from a share in the intestate's estate . As to what is an advancement there has been much conflict of judicial opinion . According to one view, nothing is an advancement unless it be given " on
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marriage or to establish the child in life." The other and probably the correct view is that any considerable sum of money paid to a child at that child's request is an advancement; thus payment of a son's debts of honour has been held to be an advancement . On the other hand, trivial gifts and presents to a child are undoubtedly not advancements .

End of Article: ADVANCEMENT
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