By the doctrine of advancements, when a lineal heir receives a gift or devise by way of portion or settlement in life, the amount so received is deducted from the share which that heir would otherwise receive from the ancestor.593 This rule applies only when the advancement comes in the direct line, and not when it comes from a collateral; that is, it applies to children and grandchildren.594 The advancement is valued at the time it is given.595 If the value exceeds the share which the person advanced would otherwise receive as heir, he takes nothing as heir. If it is less than that, he receives
Green v. Green, 126 Mo. 17, 28 S. W. 752. As to the legitimacy of children born after separation of the parents, see Mcneely v. Mcneely, 47 La. Ann. 1321, 17 South. 92S.
591 See In re Waesch's Estate, 166 Pa. St. 204, 30 Atl. 1124.
592 I stim. Am. St. Law, §§ 3150-3155; Dembitz, Land Tit 279. But see Hatch v. Ferguson, 15 C. O. A. 201, 68 Fed. 43. Some statutes provide that children born to persons living together as man and wife shall be legitimate. In re Matthias' Estate, 63 Fed. 523. As to evidence of legitimacy, see In re Pickens' Estate, 163 Pa. St. 14, 29 Atl. 875; Lavelle v. Corrignio, 86 Hun, 135, 33 N. Y. Supp. 376; Scanlon v. Walshe, 81 Md. 118, 31 Atl. 498; Jackson v. Jackson, 80 Md. 176, 30 Atl. 752.
593 I Stim. Am. St. Law, §§ 3160-3168. Money expended in education is not an advancement. Brannock v. Hamilton, 9 Bush (Ky.) 446. But see Kent v. Hopkins, 86 Hun, 611, 33 N. Y. Supp. 767.
594 Beebe v. Estabrook, 79 N. Y. 246; Simpson v. Simpson, 114 111. 603, 4 N. E. 137, and 7 N. E. 287; Parsons v. Parsons (Ohio Sup.) 40 N. E. 165. An advancement may exclude from participation In the real estate and not in the personalty. Palmer v. Culbertson, 143 N. Y. 213, 38 N. E. 199.
595 Palmer v. Culbertson, 143 N. Y. 213, 38 N. E. 199; Moore v. Burrow, 89 Tenn. 101, 17 S. W. 1035.
Real Prop.-31 enough of the estate to make up the difference. In some states, however, the advancement must be brought into hotchpot; that is, the one advanced must turn what he has received back into the corpus of the estate, so that the whole may be divided, otherwise he receives nothing in addition to the advancement.596 In some states no gift is considered an advancement unless so expressed in the instrument of transfer, or acknowledged as such in writing by the person advanced.597