Hotchpot - Law Dictionary Search Results
Home Dictionary Name: hotchpotHotchpot
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 ...
hotchpot
hotchpot [Anglo-French hochepot, from Old French, thick soup or stew, from hochier to shake + pot pot] 1 : the combining of properties into a common lot to ensure equality of division among those entitled to a share of an estate which requires that advancements (as to a child) be made up to the estate by contribution or by an accounting compare collation 2 : main pot ...
Common stock or common hotchpot
Common stock or common hotchpot, the doctrine of throwing into common stock inevitably postulates that the owner of a separate property is a coparcener who has an interest in the coparcenary property and desires to blend his separate property with the coparcenary property. The existence of a coparcenary is absolutely necessary before a coparcener can throw into the common stock his self-acquired properties. The separate property of a member of a joint Hindu family may be impressed with the character of joint family property if it is voluntarily thrown by him into the common stock with the intention of abandoning his separate claim therein. The separate property of a Hindu ceases to be a separate property and acquires the characteristic of a joint family or ancestral property not by any physical mixing with his joint family or his ancestral property but by his own volition and intention by his waiving and surrendering his separate rights in it as separate property. The act by which the ...
collation
collation [French, from Latin collatio bonorum (in Roman law) contribution made by emancipated heirs to an estate under an intestate succession, literally, bringing together of goods] in the civil law of Louisiana : the actual or supposed return of goods to the mass of the succession that is made by an heir who received property in advance for the purpose of having the property divided with the rest of the succession compare hotchpot NOTE: Children and grandchildren of a decedent must return anything that they received in advance by donation inter vivos. Further, they cannot claim legacies made to them unless made expressly by the decedent as an advantage over their coheirs to be received besides their portion of the succession. Donations made to a grandchild by a grandparent during the life of the child's father are not subject to collation. A collation may be made in kind by the actual delivering up of the thing given, or by taking less from the succession in proportion to the v...
Main Pot
Main Pot : a step in calculating tax liability under Internal Revenue Code section 1231 in which all qualified transactions are netted to determine if the result is a loss or gain called also Big Pot Hodge Podge hotchpot; compare casualty pot NOTE: The transactions netted in the Main Pot are as follows: casualties in the Casualty Pot if they have netted a gain; sales, exchanges, or condemnations of depreciable or real property used in a business for more than one year; and condemnations of capital assets held for more than one year in connection with a trade or business or transaction entered into for profit. If the net result is a gain, then the transactions are treated as long-term capital gains and losses. ...
Hochepot
Hotchpot...
Hodgepodge
A mixed mass a medley See Hotchpot...
Hotchpot
A mingled mass a confused mixture a stew of various ingredients a hodgepodge...
Collatio bonorum
Collatio bonorum (a contribution of goods). Where a portion or money, advanced by the father to a son or daughter, is brought into hotchpot (q.v.), in order to have an equal distributory share of his personal estate at his death, according to the intent of the Statutes 22 & 23 Car. 2, c. 10 (the Statute of Distribution). Repealed and replaced by the (English) Administration of Estates Act 1925, ss. 46, 47, and 49...
Portion
Portion, property settled or provided in favour of children or their issue. In settlements by deed or will of personal property, portions were and are usually effected by direct trusts in favour of the children or issue, either immediately or after the death of the parent or parents. In regard to realty the usual plan was to settle a long term of years from or out of the real estate upon trust to sell or mortgage the term in order to provide the portions when they became payable. See SATISFIED TERM; ATTENDANT TERM. This term preceded the settlement of the estate in fee or in tail according to the intention of the settlor. This method is still available although the term is not a legal estate and will not affect a purchaser even with notice who takes his title from estate owners who are entitled to sell the estate unaffected by the term, but the trustees entitled to the term may require to have the term secured by a legal mortgage. See Law of Property Act, s. 3 (1) and Settled Land Act,...
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