Edgerton v. . Perkins

158 S.E. 197, 200 N.C. 650, 1931 N.C. LEXIS 405

• Court: Supreme Court of North Carolina
• Decided: April 22, 1931
• Status: Published

Opinion

BeogdeN, J.

Tbe exception to tbe introduction of tbe ledger sheet of tbe bank cannot be sustained. Tbe document was identified as tbe original ledger leaf, and that it bad been made in tbe ordinary course of business in tbe bank and was produced at tbe trial from tbe files of tbe bank by tbe cashier and vice-president thereof. Peebles v. Idol, 198 N. C., 56. “An advancement may be defined as a gift in prcesenti or provision made by a parent on behalf of a child for tbe purpose of advancing said child in life, and thus to enable him to anticipate bis inheritance to tbe extent of such advancement.” Paschal v. Paschal, 197 N. C., 40; Nobles v. Davenport, 183 N. C., 207.

The charge to tbe jury correctly interpreted and applied tbe principles of law established by tbe decisions. Moreover, there was no objection to tbe issue, and thus both parties consented to tbe trial of tbe cause upon tbe theory of an advancement, and hence this Court will interpret tbe record in tbe light of tbe theory prevailing in tbe trial court. Shipp v. Stage Lines, 192 N. C., 475; In re Will of Efird, 195 N. C., 76.

No error.