Collation of Excess Over Share

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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 into contribution in the partition of the real estate.

Code 1858, § 2433 (deriv. Acts 1839-1840, ch. 48, § 2); Shan., § 4176; Code 1932, § 8403; T.C.A. (orig. ed.), § 31-703.

Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 819, 823.

Collateral References.

Recovery of excess of advancement over distributable share in estate. 46 A.L.R. 1428.


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