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Encyclopedia Britannica



LEGITIM

This article appears in Volume V16, Page 378 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: LAP-LEO
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.


End of Article: LEGITIM


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