Hotchpot

HODGE-PODGE, or Hotchpotch. The blending and mixing property belonging to different persons, in order to divide it equally. 2 Bl. Comm. 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. 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. (Va.) 224; 17 Mass. 358; 3 Pick. (Mass.) 450; 2 Desaus. (S. C.) 127; 3 Rand. (Va.) 117, 559. See "Advancement."

A mixing or blending together; a throwing of one or more the purpose of a more equal division bonorum.

The blending and mixing property belonging to different persons, in order to divide it equally. 2 Bl. Comm. 190. Anciently applied to the mixing and blending of lands given to one daughter in frank marriage, with those descending to her and her sisters in fee-simple, for the purpose of dividing the whole equally among them; without which the daughter who held in frank marriage could have no share in the lands in fee-simple. Litt. §§ 267, 268; Co. Litt. 177a. Applied in modern law to the throwing the amount of an advancement made to a particular child, in real or personal estate, into the common stock, for the purpose of a more equal division, or of equalizing the shares of all the children. 2 Kent, Comm. 421, 422. This answers to or resembles the collatio bonorum, or collation of the civil law.

7 Blending properties belonging to two or more persons in order to make an equal division. Also spelled hodge-podge, hotch-potch, hotspot. As, where advancements (q. v.) are treated as returned, and the estate as a whole divided anew. "Hotch-pot meant, originally, a pudding: for in a pudding is put one thing with other things." ^ By this metaphor our ancestors meant that lands in partition among co-parceners, given in frank-marriage, and lands descending in fee-simple, should be mixed or blended together, and then divided in equal portions among all the daughters of their ancestor.,. An incident to an estate is co-parcenary. If, to advance a daughter in marriage, an estate-tail in lands was given her, and aftemard lands descended from the donor to her and her sisters in fee-simple, she had no share in the latter unless she agreed to divide her advancement in equal proportion with the lands so 'Winfrey v. Zimmerman, 8 Bush, 588 (1871); Mallory V. Berry, 16 Kan. 295 (1876). Compare Carruth v. Grassie, 11 Gray, 211 (1858); Johnson v. Babcock, 8 Allen, 583 (1861). > Ames V. Martin, 6 Wis. *362 (1858). 'Aylesworth c^. Chicago, &c. B. Co., 30 Iowa, 460 (1870). * Robert v. Adams, 38 Cal. 383 (1869); Allman v. Gann, 29 Ala. 242 (1856). »Noland v. Wickham, 9 Ala. 171 (1846); Winfrey v. Zimmerman, 8 Bush, 588 (1871). •Cobbs«. Coleman, 14 Tex. 598 (1855); Dearborn v. Phillips, 21 id. 451 (1858). descended. Hereby two sorts of lands were mixed and then divided equally.'

A mixing together, throwing into a common stock; as of a child's advancement, when an inheritance is to be divided.

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.