Hotchpot - Definition - Law Dictionary Home Dictionary Definition hotchpot

Definition :

Hotchpot [fr. hache en poche, Fr., a confused mingling of diverse things], a blending or mixing of lands and chattels, answering in some respects to the collatio bonorum of the Civil Law. 'And it seemeth that this word [hotchpots] is in English a pudding'; see Co. Litt. 177 a.

The blending of items of property to secure equality of division, esp. as practised is case in which advancements of an intestate's property must be made upto estate by a contribution or by an accounting, Black's Law Dictionary, 7th Edn.

As to lands, it only applied to such as were given in frank-marriage, thus: if one daughter have an estate given with her in frank-marriage by her ancestor, then, if lands descend from the same ancestor to her and her sister in fee-simple (not in fee-tail), she or her heirs shall have no share in them unless they will agree to divide the lands so given in frank-marriage, in equal proportions with the rest of the lands descending--i.e., bringing her lands so given into hotchpots.

As to personality. The State of Distributions (22 & 23 Car. 2, c. 10), intended children to take equal shares of the goods and chattels of their intestate ancestor, and it considered that there might be some of the children who had previously received a portion or advancement, but not so much as to make up their full share; in that case such child, so advanced but in part, was allowed so much more out of the intestate's personal estate as would suffice to make his share equal to that of the other children. The Act took nothing away that had been given to any of the children, however unequal that may have been. How much soever that might have exceeded the remainder of the personal estate left by the intestate at his death, the child might, if he pleased, keep it all; if he was not content, but would have more, then he must bring into hotchpots what he had before received. This principle is based upon the equitable doctrine of equality, being perfectly coincident with that conduct that a just parent would pursue towards all his children.

The Statute of Distributions has been repealed by the Administration of Estates Act, 1925, and replaced by ss. 46-47 of this Act; s. 47, assimilating descent and succession to real and personal estate, has given effect to the principle in the distribution of intestate estates.

A settlement of personal estate in favour of children in such shares as the parents may appoint, and in default of any appointment among the children equally, almost invariably contains what is called a 'hotchpots clause,' i.e., a direction that no child who has received any share under an exercise of the power shall share in the unappointed part of the fund without bringing his appointed share into hotchpots. As to the construction of such a clause where several funds are settled, see Re Fraser, (1913) 2 Ch 224 and cases there cited, and Trustee Act, 1925, s. 31 (2).