Nature of the Case
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Facts
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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