hotchpot(redirected from Hotchpot rule)
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The process of combining and assimilating property belonging to different individuals so that the property can be equally divided; the taking into consideration of funds or property that have already been given to children when dividing up the property of a decedent so that the respective shares of the children can be equalized.
n. the putting together, blending or mixing of various properties in order to achieve equal division among beneficiaries or heirs. There may be cash, securities, personal belongings, and even real estate which are part of the residue of an estate to be given to "my children, share and share alike." To make such distribution possible, all of the items are put in the hotchpot and then divided.
hotchpotthe mixing together of property belonging to different persons with a view to dividing it equally. In English succession law it describes the bringing into account of the benefits received by a beneficiary prior to the death of an intestate. All advances to children must be taken into account: Administration of Estates Act 1925. It has been abolished for deaths after 1995. For Scotland, see COLLATIO INTER HAEREDES, COLLATIO INTER LIBEROS.
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.