Hostility

A state of open enmity; open war.

Wolff, Droit de la Nat. § 1119.

Permanent hostility exists when the individual is a citizen or subject of the government at war. Temporary hostility exists when the individual happens to be domiciliated or resident in the country of one of the belligerents; in this latter case the individual may throw off the national character he has thus acquired by residence, when he puts himself in motion, bona fide, to quit the country sine animo revertendi; 3 C. Boh. 12; The Friendschaft, 3 Wheat (U. S.) 14, 4 L. Ed. 322. HOTCHPOT (spelled, also, hodgepodge, hotch-potch). The blending and mixing of Pfoperty belonging to different persons in order to divide it equally.

2 Bla. Com. 190.

The 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 intestates’ estates. By hotchpot is meant “that the estate of the ancestor Is to be considered as a common fund out of which each child is to draw at the death an equal proportion. That part of the estate which has been given is to be estimated at what it is worth at the death, relation being had to Its situation at the time of the gift.”

Mc Caw v. Bleevit, 2 Mc Cord Ch. (S. C.) 90, 104. See Mc Lure v. Steele, 14 Rich. Eq. (S. C.) 105.

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; Beckwith v. Butler, 1 Wash. (Va.) 224; Richardson v. Sinkler, 2 Des. (S. C.) 127; Hudson v. Hudson’s Ex’r, 3 Rand. (Va.) 117; Williams v. Stonestreet, id.

559.

See Advancement.

See Advancement.