A portion of his personal estate which a father cannot by will leave away from his children. Where he leaves a widow, the legitim is one-third of the personal estate; where he does not leave a widow, it is one-half. It is divided equally among the children alive at the father's death, excluding the heir-at-law, unless he choose to collate, i.e., bring the real estate into hotchpot.
Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.
Legal Subject: Legitim. |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Rebecca Hog v. Thomas Hog | 1791 | Succession, Jurisdiction, Legitim., Debt, Aliment, Collation | Rebecca Hog pursued Thomas Hog of Newliston regarding an estate that included moveables situated in England, and Thomas answered that the Court might apply English law to those assets. After the Court pronounced an interlocutor, Thomas reclaimed and presented an additional petition, which Mrs Lashley and her husband answered by alleging that he had failed to comply with the order to furnish full states of the estate. |
Documents discussing this subject (35)
- Additional Appendix to Rec. Note—James Ponton against Lord Jeffrey's Interlocutor
- Christian Burt v. Ann Parker and others — Answers
- Christian Howden v. Francis Howden — Reclaiming Note, 14 Nov 1840
- Elfinstone-Collection-Vol-32 seg07
- Elisabeth Millie and Husband v. David Millie — Answers, 4 Mar 1801
- Janet Hart v. William Cowan, David McWhinnie, and William Wood — answers, 15 Dec 1801
- Janet Paterson v. Agnes Ritchie — Information, 20 Dec 1794
- John Minto and John Gavin v. John Kirkpatrick — Reclaiming, 3 Jan 1833
- Margaret Forrester and Alexander Kirk v. Mrs Jean Rymer and Mrs Ann Rymer — Answers, 8 Apr 1813
- Margaret Forrester v. Mrs Jean Rymer, Mrs Ann Rymer, and James Peers — Answers, 16 Feb 1811
- Miss Margaret Johnston v. James Johnston — Information, 9 Mar 1820
- Mrs Ann Allan or Aitchison v. William Allan — Answers, 3 Feb 1830
- Mrs Ann Dickson v. Captain Alexander Dickson — Answers, 14 Nov 1780 [2]
- Mrs Cheyne or Johnston v. John Miller — Case, 1846
- Mrs Mary Hendrie v. Dr George Hendrie — Petition, 18 May 1824
- Mrs Rebecca Hog and Dr Thomas Lashly v. Thomas Hog — Memorial, 6 Jan 1791
- Mrs Rebecca Hog and Thomas Lashley v. Thomas Hog — Memorial, 13 Dec 1791
- Mrs Rebecca Hog v. Thomas Hog — Answers, 26 Feb 1791
- Mrs Rebecca Hog v. Thomas Hog — Answers, 26 Feb 1791 [2]
- Petition — Add. Pet.—Tho. Hog, Esq; against an Innerhouse Interlocutor
- Petition — June 23. 1813. Pet.—Mrs Jean & Anne Rymer against Inner-house Interlocutor
- Petition — Mrs Ann Dickson (now Wilson) lawful Daughter of the deceased Mr James Dickson, Sheriff
- Petition — Mrs Jean Rymer and Mrs Ann Rymer, Daughters of the deceased Walter Rymer, Maltster and Brewer in Kinghorn, and James Peers, Shipmaster in Kinghorn, Husband of the said Ann Rymer
- Petition — Mrs Lashley and Husband against Inner House Interlocutor
- Petition — Mrs. Anna Campbell, Daughter to Sir James Campbell of Auchinbreck, and of Mary Steuart, Daughter to Robert Steuart of Appine
- Petition — Munro-Ross of Pitcalny, an Infant, and his Tutors
- Petition — Normand M'Leod of That-ilk
- Petition — Thomas Elliot, and Others against Lord Robertson's Interlocutor
- Rebecca Hog and Thomas Lashley v. Thomas Hog — Answers, 13 Oct 1791
- Rebecca Hog and Thomas Lashley v. Thomas Hog — Memorial, 13 Dec 1791 [2]
- Rebecca Hog and Thomas Lashley v. Thomas Hog — Memorial, 16 Feb 1791
- Rebecca Hog v. Thomas Hog — Additional Petition, 10 Aug 1791
- Stephenson v. Stephenson — Appendix, 18 Apr 1808
- The Duke and Duchess of Buckingham and Chandos, Lord Breadalbane's Trustees v. The Marchioness of Breadalbane, and Others — Note, 1 Mar 1843
- Thomas Hog v. Rebecca Hog and Thomas Lashley — Answers, 13 Oct 1791
