In Re Estate of Minnie A. Lee

The petitioner contends here (1) that the allegations of the petition that gifts were made at approximately the same time to each of the children did not of themselves permit the court to hold that as a matter of law the gifts could not be the subject of an advancement; (2) that the gift of a joint interest in real estate held jointly with the donor is complete and irrevocable and may be the subject of an advancement; and (3) that the earlier court decree cannot act as res judicata on the issue relating to the mountain property because the court lacked jurisdiction over the subject matter. We disagree with the third contention of the petitioner, and we affirm the decision of the trial judge as it relates to the mountain property. However, we agree with the first and second contentions of the petitioner, and we remand this action to the trial court for a hearing in accordance with the views expressed in this opinion.