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Hotchpot

A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839

A Law Dictionary, Adapted to the Constitution and Laws of the United States

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 scised 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 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, inorder that the same may be divided agreeably to provision of the statute for the distribution of intestate’s estates. 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 may be 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, 1 Bac. Ab. 701; 3 Bac. Ab. 76; Com. Dig. Guardian, G 2, Parcener, C 4; 8 Com. Dig. Appx. tit.

Distribution, Statute of, III. For the French law, see Merl. Répért. mots Rapport a succession.