The third of the personal estate of the husband and wife, to which, in default of a settlement, the widow has right, when the husband has left children. When there are no children, the jus relictæ is one-half of the personal estate.
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: Jus Relictæ |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Ritchie v. Patersons | 1794 | Succession, Aliment, Interlocutor, Liferent, Debt, Jus Relictæ | Agnes Ritchie pursued the Patersons for one-fifth of her grandfather John Paterson’s moveable estate under his settlement, seeking to claim the share notwithstanding her mother’s predecease. The defenders maintained that she was entitled only to one-fifth of the dead’s part of the estate rather than one-fifth of the whole personal estate. |
| Ross, et al. v. Aglianby | 1796 | Debt, Terce, Jus Relictæ, Deed, Succession, Interlocutor | Ross and others pursued Aglianby in a dispute over estate distribution involving competing claims to terce and conventional provisions. Mrs Lowthian challenged an interlocutor voiding her conventional provisions and sought to retain funds and claim terce from her late husband's estate, prompting the respondents to answer regarding the exclusion of terce and the effect of obligations to George Mackenzie's trustees. Mrs Sarah Aglianby subsequently petitioned the court to alter its recent interlocutor respecting her own claim to terce from her husband's Scottish lands. |
