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单词 hotchpot
释义

hotchpot


hotch·pot

H0290800 (hŏch′pŏt′)n. Law The grouping together of various properties, that may have different origins or statuses, for the purpose of determining how best to accomplish an equal division of the aggregate, as in an intestate estate with several heirs or the settlement of a divorce in a community property state.
[Middle English hochepot, from Old French, mixture, stew : hocher, to shake together; see hotch + pot, pot.]

hotchpot

(ˈhɒtʃˌpɒt) n (Law) property law the collecting of property so that it may be redistributed in equal shares, esp on the intestacy of a parent who has given property to his children in his lifetime[C14: from Old French hochepot, from hocher to shake, of Germanic origin + pot1]

hotch•pot

(ˈhɒtʃˌpɒt)

n. a gathering together of the property of a person who has died intestate so that it can be divided equally among the decedent's legal heirs. [1250–1300; Middle English hochepot < Anglo-French, literally, shake-pot =hoche(r) to shake (Old French hochier < Germanic) + pot pot1]

hotchpot


Related to hotchpot: hotchpotch

Hotchpot

The process of combining and assimilating property belonging to different individuals so that the property can be equally divided; the taking into consideration of funds or property that have already been given to children when dividing up the property of a decedent so that the respective shares of the children can be equalized.

hotchpot

n. the putting together, blending or mixing of various properties in order to achieve equal division among beneficiaries or heirs. There may be cash, securities, personal belongings, and even real estate which are part of the residue of an estate to be given to "my children, share and share alike." To make such distribution possible, all of the items are put in the hotchpot and then divided.

hotchpot

the mixing together of property belonging to different persons with a view to dividing it equally. In English succession law it describes the bringing into account of the benefits received by a beneficiary prior to the death of an intestate. All advances to children must be taken into account: Administration of Estates Act 1925. It has been abolished for deaths after 1995. For Scotland, see COLLATIO INTER HAEREDES, COLLATIO INTER LIBEROS.

HOTCHPOT, estates. This homely term is used figuratively to signify the blending and mixing property belonging to different persons, in order to divide it equally among those entitled to it. For example, if a man seised of thirty acres of land, and having two children, should, on the marriage of one of them, give him ten acres of it, and then die intestate seised of the remaining twenty; now, in order to obtain his portion of the latter, the married child, must bring back the ten acres he received, and add it to his father's estate, when an equal division of the whole will take place, and each be entitled to fifteen acres. 2 Bl. Com. 190. The term hotchpot is also applied to bringing together all the personal estate of the deceased, with the advancements he has made to his children, in order that the same may be divided agreeably to the provisions of the statute for the distribution of intestate's estates. In bringing an advancement into hotchpot, the donee is not required to account for the profits of the thing given; for example, he is not required to bring into hotchpot the produce of negroes, nor the interest of money. The property must be accounted for at its value when given. 1 Wash. R. 224; 17 Mass. 358; 2 Desaus. 127.; 3 Rand. R. 117; 3 Pick. R. 450; 3 Rand. 559; Coop. Justin. 575.
2. In Louisiana the term collation is used instead of hotchpot. The collation of goods is the supposed or real return to the mass of the succession, which an heir makes of property which he received in advance of his share or otherwise, in order that such property maybe divided, together with the other effects of the succession. Civ. Code of Lo. art. 1305; and vide from that article to article 1367. Vide, generally, Bac. Ab. Coparceners, E; Bac. Ab. Executors, &c., K; Com. Dig. Guardian, G 2, Parcener, C 4; 8 Com. Dig. App. tit. Distribution, Statute of, III. For the French law, see Merl. Repert. mots Rapport a succession.

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更新时间:2025/3/1 13:30:45