Definition of HOTCHPOT


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 fathers 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 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. 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. Reprt. mots Rapport a succession.


Source: Bouviers Law Dictionary 1856 Edition

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