Terce

Scottish Law: Terce in the Past

In law of Scotland (see more about this legal system): A life-rent competent by law to widows who have not accepted of special provisions in the third part of the heritable subjects in which the hushand died infeft.

Developments

The terce takes place only where the marriage has subsisted for a year and day or where a child (see more about this popular legal topic in the U.K. encyclopedia) has been born alive of it. No terce is due out of lands in which the hushand was not infeft, unless if a fraudulent omission. Cr. 423, 28; St. 2, 6, 16. The terce is not limited to lands, but extends to teinds and to servitudes and other burdens affecting lands. Ersk. Pr. L. Scot. B. 2, t. 9, s. 26, 27; Burge on the Confl. of Laws, 429 to 435. [1][rtbs name=”scottish-law”]

Resources

Notes and References

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

See Also

Concept of Terce

Traditional meaning of terce [1] in scots law: In Scotch law, dower; a widow’s third. [rtbs name=”scottish-law”]

Resources

Notes and References

1. Based on A concise law dictionary of words, phrases and maxims, “Terce”, Boston: Little, Brown, and Company, 1911, United States. This term and/or definition may be absolete. It is also called the Stimson’s Law dictionary, based on a glossary of terms, included Terce.

See Also