hotchpot
n . 财产混同[为求平等分配]
财产混同[为求平等分配]
Hotchpot \
Hotch "
pot `\,
Hotchpotch \
Hotch "
potch `\,
n . [
F .
hochepot ,
fr .
hocher to shake pot pot ;
both of Dutch or German origin ;
cf .
OD .
hutspot hotchpotch ,
D .
hotsen ,
hutsen ,
to shake .
See {
Hustle },
and {
Pot },
and cf . {
Hodgepodge }.]
1 .
A mingled mass ;
a confused mixture ;
a stew of various ingredients ;
a hodgepodge .
[
1913 Webster ]
A mixture or hotchpotch of many tastes . --
Bacon .
[
1913 Webster ]
2 . (
Law )
A blending of property for equality of division ,
as when lands given in frank -
marriage to one daughter were ,
after the death of the ancestor ,
blended with the lands descending to her and to her sisters from the same ancestor ,
and then divided in equal portions among all the daughters .
In modern usage ,
a mixing together ,
or throwing into a common mass or stock ,
of the estate left by a person deceased and the amounts advanced to any particular child or children ,
for the purpose of a more equal division ,
or of equalizing the shares of all the children ;
the property advanced being accounted for at its value when given . --
Bouvier .
Tomlins .
[
1913 Webster ]
Note :
This term has been applied in cases of salvage .
Story .
It corresponds in a measure with collation in the civil and Scotch law .
See {
Collation }. --
Bouvier .
Tomlins .
[
1913 Webster ]
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 father '
s 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 intestate '
s 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 .
Repert .
mots Rapport a succession .
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