Marshall v. Rench

Citations

• 3 Del. Ch. 239

Syllabus

<p>A testator, alter providing for the payment of his debts and funeral charges, directed that his whole estate, real and personal, should be divided equally among eight of his children, excluding one son, each child to be charged, in the division, with any advances in money which he or she had received in his or her lifetime; the division and apportionment to each child to be made by five judicious and impartial freeholders of the county, appointed by the Chancellor of the State, according to law. It was also provided that if such division should be found to give each child, included, more than $4,000, the excess should be divided into nine equal parts, of which the eight children before named should each take one, in the manner before directed, and the remaining one-ninth of the excess was devised to trustees, in trust, for the son excluded in the original distribution. Subsequently to the date of the will, the testator executed conveyances to several of his children, of seven out of twenty-five parcels of real estate of which he was seized at the date of the will; Held, that the parcels so conveyed could not be considered in the partition, and that the conveyances operated neither as an advancement, a satisfaction, or implied revocation, of the devise, nor as a trust implied from the admitted intention of the testator to effect an equal division of the property among the eight children.</p> <p>The doctrine of advancement applies only, under the law of this State, to cases of intestacy, and never to lands devised.</p> <p>A conveyance of lands to one, to whom, by will executed prior thereto, the same lands had been devised, would operate as a satisfaction of the devise, precisely as the settlement of a portion on a legatee, is an ademption of the legacy, otherwise, when the conveyance is not of the same lands which, were devised.</p> <p>Conveyance to a devisee of lands other than those devised, or any interest in lands, different from that devised, has never been h