Vilsack's Estate

Citations

• 226 Pa. 379
• 75 A. 604
• 1910 Pa. LEXIS 778

Syllabus

<p>Will — Construction—Advancements.</p> <p>Testator divided the residue of his estate into shares and gave to each of his children a share, but directed as to one son that one-half of the share should be given to the son absolutely, and the other half should be held by his executors for such son during his life with remainder over to his surviving children. Testator’s books showed certain advances of money to this son. • Certain notes of the son which the testator had indorsed and subsequently paid were not shown by the books, but appeared amongst testator's records by means of a card system. By his will testator directed as follows: “ I have heretofore given to several of my sons and daughters certain sums of money, and I will probably give further sums to them, and to others of my sons and daughters. Now I direct that all such sums of money as shall be noted in my books shall be taken into account before making any allotment, assignment or conveyance of any part of my estate, and said advancements, charged and adjusted by my said executors and the survivors and survivor of them, in such manner as to make an equal division of my said trust estate, so far as relates to said advancements, among all my sons and daughters per stirpes.” Held, (1) that the notes shown by the card system were advancements within the meaning of the will; (2) that the whole of the advancements to the son should be deducted from his whole share, and not merely from the one-half given to him absolutely.</p>