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LEGITIM

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Originally appearing in Volume V16, Page 378 of the 1911 Encyclopedia Britannica.
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LEGITIM , or BAIRN'S See also:

PART, in Scots See also:law, the legal See also:share of the movable See also:property of a See also:father due on his See also:death to his See also:children. If a father See also:dies leaving a widow and children, the movable property is divided into three equal parts; one-third part is divided equally among all the children who survive, although they may be of different marriages (the issue of predeceased children do not share); another third goes to the widow as her See also:jus rclictae, and the remaining third, called " dead's part," may be disposed of by the father by will as he pleases. If the father See also:die intestate the dead's part goes to the children as next of See also:kin. Should the father leave no widow, one-See also:half of the movable See also:estate is legitim and one-half dead's part. In claiming legitim, however, See also:credit must be given for any advance made by the father out of his movable estate during his lifetime.

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