Defendant’s objections to evidence offered by plaintiff at the trial of this action were properly overruled. The evidence was competent as tending to show that the advancements made by the plaintiff through his sister for the care and support of his mother, were not gifts from him to her, and as tending to rebut any presumption to that effect, arising from her relation to him.
Defendant’s objections to the exclusion of evidence tending to show that when their mother became ill in 1930, the plaintiff and his sisters entered into an agreement in writing relative to the distribution of a trust fund which was payable to the children of defendant’s intestate at her death, were properly sustained. Sums received by the plaintiff from said trust after the death of his mother, pursuant to said agreement were not paid out of her estate. Conceding that plaintiff should account for said sums as payments on advancements made by him for the care and support of his mother, it does not appear that said sums should be applied as payments on such advancements made within three years preceding the death of his mother. All the evidence showed that plaintiff made advancements which under the ruling of the court are barred by the statute of limitations, and that the sums received by him out of the trust fund did not exceed the amount of these advancements. For this reason, if it should be held that the exclusion of such evidence was error, such error was not prejudicial to the defendant.
The instructions of the court in its charge to the jury, which the defendant assigns as error, are in accord with the law applicable to the facts shown by the evidence, as declared in Winkler v. Killian, 141 N. C., 575, 54 S. E., 540. The judgment in the instant case is affirmed on the authority of that case.
No error.