Advancement to lineal heirs.
Section 760
SEC. 760. Advancement to lineal heirs. — Estate, real or personal, given by the intestate in his lifetime to a child or lineal descendant, shall be reckoned toward the share of such heir, and for that purpose shall be considered a part of the estate of the intestate, under the following circumstances only: 1. When in the gift or grant it is expressed to be an advancement; 2. When such estate is charged to the child or lineal descendant, in writing, by the deceased upon his books or papers; 3. When such estate is acknowledged as such by the child or lineal descendant in writing; 4. When personal estate is delivered expressly as advancement before two witnesses requested to take notice of it. If the amount so advanced exceeds the share of the heir, he shall be excluded from any further share in the estate; but he shall not be liable to refund any part of the amount so advanced; and if the advancement is less than the share of such heir, he shall receive such further sum as, with such advancement, will be equal to his legal share in the estate. If the amount so advanced is in real estate, the same shall be set off, first, toward the heir's share of real estate, and if more than his share of real estate, the balance shall be set off toward his share of personal estate, and if the advancement is in personal estate, the same shall be set off, first, toward the heir's share in the personal estate, then toward his share in the real estate. But if the heirs consent, a different application of the advancement may be made. If the child, or other lineal descendant, to whom such advancement is made, dies before the intestate, the advancement shall be reckoned toward the share of the representative of such child, or other lineal descendant, as it would be reckoned toward the share of the heir, if living. Where the value of the advancement is expressed in the conveyance, or in the charge of the same, or in the acknowledgment of the person receiving it, or by the intestate at the time of delivering it before two witnesses, such advancement shall be taken to be of the value so expressed; otherwise it shall be estimated according to the value at the time of making it.