This section contains the nature of the case and procedural background.

Testator's will left all his real property and certain personal property to his wife (D), and his remaining personal property to his children from a prior marriage (P). Prior to his death, he transferred certain real property to D because he did not want it to be included in his intestate estate. After Testator's death, D elected to take against the will. P sued for a declaratory judgment holding that the inter vivos gift of real property constituted an advancement against D's elective share. The lower court found that the gift was not an advancement. P appeals.

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Legal analysis from Dean's Law Dictionary will be displayed here.