amounted to a release of the debt, it should nevertheless be reckoned as an advancement towards his share.29 22. Small and inconsiderable sums for the current expenses, ornaments, and education of children are not to be regarded as advancements.80 But a premium for apprenticeship for a trade or profession, it is said, may be so regarded when the sum is considerable.30 23. But when there is a will, but some portion of the personalty is undisposed of, no advancement will be reckoned, but the children will share equally,81 24. There has always been great uncertainty as to what could fairly be reckoned an advancement by the decedent in his lifetime towards a legacy or portion or distributive share. We have considered these points to some extent, under their separate heads, but it will be convenient to state some of the recent cases here. A payment to the husband of a daughter of £ 1000, jocularly stated to be in exchange for his snuff-box, cannot be reckoned as an advancement to the daughter.32 But where the father had advanced money to his son, and paid large sums on his account, and in his will gave him a legacy, it was held such loans and balance of account must be set off against the legacy.38 25. In Massachusetts and some other of the American states from an early day, by express statute, nothing could be reckoned as an advancement to a child by the father, unless, in the language of Parker, Ch. J.,34 "it be proved to have been intended " as such, and "chargeable on the child's share of the estate, by certain evidence prescribed." 29 Gilbert v. Wetherell, 2 Sim. & Stu. 254. 2 Wms. Exrs. 1355. 31 Sir William Grant, in Walton v. Walton, 14 Ves. 318, 324. McClure v. Evans, 29 Beav. 422. 23 Smith v. Smith, 3 Giff. 263. Osgood v. Breed's Heirs, 17 Mass. R. 356, 358. It was here held that no interest was chargeable on such advancements. 26. In this state an acknowledgment of the child, of having received the whole or a portion of his share, is sufficient. But an account against a child in the usual mode of keeping accounts of debt will not be sufficient to establish an advancement. It must be charged as an advancement, under the statute in this state, or so acknowledged in writing by the child, or else so expressed in the gift or grant.36 A deed expressed partly for the consideration of love and affection, and partly for a pecuniary consideration, is not to be deemed in any part an advancement, not coming within the requirements of the statute.37 And where the son gave a note for money received of the father, it was held that it could not be shown by parol to have been intended as an advancement.38 27. Whether a conveyance of property by a father to his son without consideration is to be treated as a gift or an advancement, or partly one and partly the other, in Connecticut, depends upon the intent of the grantor.39 We might pursue this subject much further, but it scarcely seems requisite. 35 Quarles v. Quarles, 4 Mass. R. 680; Kenney v. Tucker, 8 id. 143; Bulkeley v. Noble, 2 Pick. 337. But in this last case it was held that an advancement could not, under the statute, be proved by parol. Nor will a declaration of the intestate, that he had made charges as advancements to his children, be sufficient, even where his book is produced, with three leaves cut out. Hartwell v. Rice, 1 Gray, 587. Gen. Stat. Mass., ch. 91, § 8. "Bullard v. Bullard, 5 Pick. 527; Adams v. Adams, 22 Vt. R. 50. 38 Barton, Judge, v. Rice, 22 Pick. 508. 39 Meeker v. Meeker, 16 Conn. R. 383. effect of accumulation of interest, 613. how far allowed, 821 and 837. Thellusson Act, 838, note 3. twenty-one years under statute, how computed, 838. trusts for accumulation beyond term allowed, how far void, 839. rule as to debts and portions, excepted, 839. destination of income released from accumulation, 839. rule against accumulations applies to implied directions, 840. New York Statute, 842. where accumulation directed is illegal, bequest takes effect without it, 843. effect of long, in devise to charity, 786, 835. ACTIONS, by or against special administrator, 94, 95. late English statutes and American, 164. ACTIONS,- Continued. of contract, what survive, 166. in whose name brought, on death of copartner or joint owner, 172. by husband on wife's choses in action, 180. causes of, what personal representative may sue upon, 182. how he must sue, 182. when he may sue in either capacity, 183. what causes of action cannot be joined, 184. between joint executors, 190. causes of action accruing to personal representative, 190–196. on written contracts to the executor, how he may sue, 192. on note payable to deceased or bearer, how he may sue, 192. on bond given for debt due estate, how he may sue, 193. on debts falling due after decease of testator or intestate, 194, note 14. from condition or forfeiture, 195. reviving suits by executor and administrator, 196–199. all suits at common law abated by death of party, 196. what may be revived by English statutes, 196, note 1. how judgments may be entered to avoid effect of death of party, 197. when judgment must be revived, 197. writ of error, by whom brought, 198. will not lie at law between joint administrators, 207. against personal representative when suspended, 240. when attorney-general necessary party to, 795. on administration bond, 248. to enforce contract for legacy, 281. ADMINISTRATION- Continued. will to be proved same as when executor acts, 85. residuary legatee generally entitled to appointment, 86. residuary legatee failing, next of kin entitled, 87. administrator of executor sometimes appointed, 88. pendente lite, when made, 96. duty and functions of such administrator, 96. de bonis non, administrator, definition of, rights and duties, 89, 221. cannot discharge special trusts without special appointment, 222. when appointed, 91. authority of, 91. time of appointment limited only by statute, 91. during minority, when necessary, 92. guardian of infant more commonly appointed, 93. suits instituted by special administrator prosecuted after his office ex- |