Wilkinson v. Thomas

Citations

• 128 Ill. 363
• 21 N.E. 596

Syllabus

<p>1. Advancement—cannot rest in parol—since the act of 1872. An advancement of a parent, in his lifetime, to his child, can not, since the act of 1872, relating to the descent of property, be shown by the parol declarations of the parent or the parol admissions of the child, that he or she had received his or her share.</p> <p>2. .Under this statute, an advancement can not be created by parol declarations or statements. On the other hand, in order to create a valid advancement, the gift or grant must be expressed in writing as an advancement, or charged in writing by the intestate, or acknowledged in writing by the child or other descendant.</p> <p>3. In 1869, a father, for the expressed consideration of love and affection and one dollar, conveyed a lot of ground to his daughter, of the value of $1000. In 1876 he conveyed to each of two of Ms sons eighty acres of land in Iowa, for the expressed consideration of love and affection and one dollar. In 1886 he executed a will, which was not probated, on account of a subsequent marriage, in and by which he devised to his daughter five dollars, reciting: “She having heretofore received the sum of $1000 in real estate. * * * My several sons all had land and other property to the value of at least $2000 each Held, that the words used in the will were not sufficient to afford evidence of an advancement to the daughter and sons.</p>