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Legitime

children and wife

LEGITIME. In Civil That por tion of a parent's estate of which he cannot disinherit his children without a legal;cause.

2. The civil code of Louisiana declares that dons, tione• inter rime or mortis caned cannot exceed two thirds of the property of the disposer, if he leaves, at his deceits& a. legitimate .child; one-half if' he. feavcs twit children; and one-third if he leaves three or a greater nutnber. Under the name of children are included descendants of whatever de gree they may he : it must be understood.that they are only oounted for the child they represent. La. Civ. Codc. art. 1480.

In Holland, Germany, and Spain, the principles of 'the Yalcidian In*, more or less limited, have. been generally adopted. Coop: Just. 516.

3. In the United Statee, other than Louisiana, and in England, there is no restriction on the right • of beques thing. But this power of bequeathing did net originally eitend to all a man's personal estate:.

on the contrary, by tho common law' as it stood in • the reign of Henry II., a man's goods were to be divided int? three eqnaPparts, one of which went to his hairs or lineal descendsnts, an,other to hie wife,. end the third was at his own disposal; or, if he. died without a wife. he Might then dispose of one moiety, and the other went to his children I., and's°. e convereo if he had no children, the wife was en—, titled to one moiety,, and he might bequeath the other ; hut if he died.without either wife or issue,. the whole was at his own disposal. Glanville, 1.2, c. 5 ; Bract* I. 2, e. 26. The shares of the wife and children were aalled their, reasonable part. 2 Blackstone; Comm. 491. See DEATH'S PART ; FAL CIDIAN LAW.