Dead Man's Part

Dead Man’s Part

English Law: Dead Man’s Part in the Past

By the custom of London, when a deceased freeman of the city left a widow and children (see more about this popular legal topic in the U.K. encyclopedia), after deducting what was calledthe widow’s chamber, (q.v.) his personal property (see more about this popular legal topic in the U.K. encyclopedia) was divided into three parts; one of which belonged to the widow, another tot he children (see more about this popular legal topic in the U.K. encyclopedia) and the third to the administrator. When there was only a widow or only children (see more about this popular legal topic in the U.K. encyclopedia), in either case they respectively took one moiety and the administrator the other; when there was neither widow nor child (see more about this popular legal topic in the U.K. encyclopedia), the administrator took the whole for his own use and this portion was called the “dead man’s part.”

Developments

By statute of 1 Jac. 2, c. 17, this was changed and the dead man’s part is declared to be depending on the statute of distribution. 2 Bl. Com. 518. See Bac. Ab. Customs of London, D 4. [1][rtbs name=”history-of-english-law”]

Resources

Notes and References

  1. Partialy, this information about dead man’s part is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including dead man’s part.

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