CENTER FOR CONSIDERATION |
DIRECTOR Yvonne Skillery |
ABOUT
It remains to consider the nature of an advancement, such as will be subject to the rules just mentioned : And on this head, there is an important difference between the custom of London and that of the province of York : According to the former, the advancement, whether complete or partial, must the custom of arise exclusively from personal estate : In the establishment of the custom, the citizens of London had no regard to real property, on the supposition that a freeman would not purchase land, but would employ his whole fortune in commerce: (d) If, therefore, a citizen settle a real estate on a child, it shall be no advancement, (e) nor, although it be expressly made for that purpose, shall it bar him of his orphanage part : (/) Nor if money be given by the father to be laid out in land, to be settled on the son on his marriage, shall it be deemed personal estate, nor any exclusion: () Yet as the custom includes chattel interests, it makes a settlement of a term of years an advancement within its provisions. (A) On the other hand, in the province of York, not of the proonly does land as well as money constitute an advancement,^') York: but, according to the custom there, the heir at law, if he takes by inheritance any land, either in fee or in tail general or special, is devested of all claim to any filial portion : (j) And however small in point of value the land may be in comparison with the personal estate, he is nevertheless excluded; (k) and even although the estate he inherits be only a reversion : (/) He is also bound, although the land devolved upon him by settlement made on his father's marriage : (m) Nor, in case lands held by a mortgage in fee descend to him before redemption, shall he be entitled to a filial portion : but on redemption of the mortgage, and payment of the money to the administrator, it seems he shall be entitled to such portion, because he has nothing by inheritance, nor in fact has had any preferment. (ยป) Likewise, the custom is on this head