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ADVANCEMENT

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

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

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