Definition of TERCE,


TERCE,

law of Scotland. A life-rent competent by law to widows
who have not accepted of special provisions in the third part of the heritable
subjects in which the hushand died infeft.


2. The terce takes place only where the marriage has subsisted for a
year and day, or where a child has been born alive of it. No terce is due out
of lands in which the hushand was not infeft, unless in case of a fraudulent
omission. Cr. 423, §28; St. 2, 6, 16. The terce is not limited to lands,
but extends to teinds, and to servitudes and other burdens affecting lands.
Ersk. Pr. L. Scot. B. 2, t. 9, s. 26, 27; Burge on the Confl. of Laws, 429 to
435.




Source: Bouviers Law Dictionary 1856 Edition

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