Dead Man’s Part

Definition and Citations:

In English law. That portion of the effects of a deceased person
which, by the custom of London and York, is allowed to the administrator; being, where
the deceased leaves a widow and children, one-tbiiil; where he leaves only a widow or
only children, one-half; and, where he leaves neither, the whole. This portion the
administrator was wont to apply to bis own use. till the statue 1 Jac. II. c. 17, declared
that the same should be subject to the statute of distributions. 2 Bl. Comm. 51S; 2
Steph. Comm. 254; 4 Reeve, Eng. Law, S3. A similar portion in Scotch law is called
“dead’s part,” (

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