Advancement,
what is
deemed to be
such. |
116 OF DISTRIBUTION.
share, without bringing their father's advancement
into the common fund. |
|
But if a man dies leaving a widow, two sons,
and one daughter, and the widow gives £. 1000
to her daughter in marriage out of her own estate,
and dies intestate, leaving those three children,
here the daughter shall not bring the £. 1000
into the common fund of her mother's estate,
but shall have a full equart part of the residue,
jointly with her two brothers, notwithstanding
her having received £. 1000 in marriage. 2 P.
Will. 356.
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The reason of which is, that the statute doth
not affect a widow's personal estate; and that
the act seems to include those only within the
clause of hotchpot, as are capable of having a
wife, as well as children; which must be husbands
only.
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The heir at law, altho' he shall not abate in
respect of the land which he hath by descent,
or otherwise, from the intestate, yet if he hath
had any advancement from his father in his life
time, otherwise than by land as aforesaid, he
shall abate of the same, in like manner as the
other children. |
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