Online Encyclopedia

LEGITIM

Online Encyclopedia
Originally appearing in Volume V16, Page 378 of the 1911 Encyclopedia Britannica.
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LEGITIM  , or BAIRN'S

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PART, in Scots law, the legal share of the movable
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property of a
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father due on his
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death to his children . If a father dies leaving a widow and children, the movable property is divided into three equal parts; one-third part is divided equally among all the children who survive, although they may be of different marriages (the issue of predeceased children do not share); another third goes to the widow as her
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jus rclictae, and the remaining third, called " dead's part," may be disposed of by the father by will as he pleases . If the father die intestate the dead's part goes to the children as next of kin . Should the father leave no widow, one-
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half of the movable estate is legitim and one-half dead's part . In claiming legitim, however, credit must be given for any advance made by the father out of his movable estate during his lifetime .

End of Article: LEGITIM
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