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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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  • Hotchpot - Wikipedia
    In civil and property law, hotchpot (sometimes referred to as hotchpotch or the hotchpotch rule) is the blending, combining or offsetting of property (typically gifts) to ensure equality of a later division of property [1][2][3]
  • What is a Hotchpot Clause and Why is it Used in Wills?
    A Hotchpot Clause is a provision in a will or trust that aims to ensure fair and equitable distribution of an estate among beneficiaries by accounting for lifetime gifts or loans made by the testator
  • WHAT THE HECK IS HOTCHPOT?? - Nixon Wenger LLP
    The legal and accounting concept known as a hotchpot clause is available to deal with the equalization of the shares of the beneficiaries of a person’s estate where one or more of the beneficiaries has already received money from a parent during the parent’s lifetime
  • What Does a Hotchpot Clause In a Will Mean? - Disinherited
    Hotchpot or the putting in hotchpot, is applied in modern law to throwing the amount of an advancement made to a particular child, in real or personal estate, into the common stock, for the purpose of a more equal division, or of equalizing the shares of all the children ”
  • The Popular Hotchpot Clause, Where to Find it How to Use it
    The concept of hotchpot has existed since the 12th century and its purpose is to ensure the fair distribution between beneficiaries A hotchpot clause in a Will usually requires the Executors to consider any lifetime gifts made to the beneficiaries by the Testator
  • HOTCHPOT Definition Meaning - Merriam-Webster
    The meaning of HOTCHPOT is the combining of properties into a common lot to ensure equality of division among heirs
  • HOTCHPOT - The Law Mind Legal Dictionary
    Hotchpot is a doctrine requiring a person to bring property already received into a common fund before sharing equally with others in the division of a larger pool of assets
  • Hotchpot: Understanding Its Legal Definition and Implications | US . . .
    Access 85,000+ trusted legal forms and simple tools to fill, manage, and organize your documents Hotchpot is primarily utilized in family law, especially in cases involving divorce or inheritance disputes
  • Six Minute Estates Lawyer Hotchpot Clauses: What Happens to Debts on Death?
    Hotchpot has been called “a drafter’s nightmare and a litigator’s dream” 62 Beyond simple drafting errors, such as the failure to include a release clause, below is a list of 10 potential difficulties that make hotchpot troublesome to employ
  • Hotchpot Clauses - The Society of Will Writers
    The hotchpot clause refers to both gifts and loans because it is used not just to take account of any funds loaned to a beneficiary but also any funds that have been advanced to a beneficiary in lifetime by way of gift





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