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 PART, in Scots law, the legal share of the movable property of a father due on his 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 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-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.
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