Lefever's Estate

Citations

• 39 Pa. Super. 189
• 1909 Pa. Super. LEXIS 461

Syllabus

<p>Wills — Devise—Legacy—Advancement—Adem/ption—Codicil.</p> <p>1. Although there is no technical advancement in cases of testacy yet a testator may provide the same equality and equity in his will which is accomplished by the technical advancement in cases of intestacy.</p> <p>2. The conveyance of land by a father to a son at a stated valuation at the same time that a codicil bequeathing to the son a legacy of like amount, is executed, and without payment of any consideration whatever for the land, gives rise to the presumption that the advancement was intended as an ademption of the legacy; and if the son admits that the advancement was intended as an ademption, the court will so decree in distributing the estate.</p> <p>3. Where there is nothing on the face of the will, and no proof of an intention to give a double portion, an advancement will be deemed a satisfaction, or an ademption of the legacy.</p>