If an individual dies intestate as to all or a portion of the individual’s estate, property the decedent gave during the decedent’s lifetime to a child of the decedent is treated as an advancement against the child’s intestate share only if: The decedent declared in a contemporaneous writing, or the child acknowledged in writing, that […]
All advancements, whether by settlement or otherwise, in the lifetime of deceased, or by testamentary provision, shall be collated and brought into contribution in the partition and distribution of the real and personal estate of the deceased; those in real estate, first in the partition of real estate, and those in personal estate in the […]
Should the value of the advancements in real estate exceed the child’s share, the overplus shall be collated and brought into contribution in the distribution of the personal estate, and should the value of the advancements in personal estate exceed the share of the child in the personal estate, then the excess shall be brought […]
Where a power or trust is granted to a parent to bestow property conveyed or settled by the instrument creating the power or trust, in favor of any one or more of the children of the parent, any property given under the power or trust to a child shall be collated and brought into contribution […]
All courts having jurisdiction to partition real estate and order distribution among heirs and distributees, shall have full power to cause accounts to be taken and valuations of lands to be made, so as to enforce equality of partition and distribution. Code 1858, § 2435 (deriv. Acts 1829, ch. 36, § 2); Shan., § 4178; […]
