LEGITIME. In Civil Law. That portion of a parent's estate of which he cannot dis inherit his children without a legal cause.
The civil code of Louisiana declares that donations inter vivos or mortis cause can not exceed two-thirds of the property of the disposer, if be leaves at his decease a legit imate child ; one-half if he leaves two chil dren; and one-third if he leaves three or a greater number. Under the name of chil dren are included descendants of whatever degree they may be, who are only counted for the child they represent.
In Holland, Germany, and Spain, the prin ciples of the Falcidian law, more or less lim ited, have been generally adopted ; Coop. Just. 516.
In the United States (except Louisiana) and in England there is no restriction, except as to the widow's rights, on the right of be queathing. But this power of bequeathing did not originally extend to d11 a man's per sonal estate : on the contrary, by the com mon law, as it stood in the reign. of Henry II., a man's goods were to divided into three equal parts, one of which went to his heirs or lineal descendants, another to his wife, and 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 ; and so e converso if he had no children, the wife was entitled to one moiety, and be might bequeath the other; but if be died without either wife or issue, the whole was at his own disposal ; Glan ville, 1. 2, c. 5; Bracton, 1. 2, c. 26 ; 2 Poll.
& Maitl. 346. The shares of the wife and children were called their reasonable part ; 2 Bla. Com. 491.
This law existed in the province of York till 1692, and still exists in Scotland. The respective parts are called dead's part—dcad man's part,—wife's part, bairn's part. There is every reason to believe that this was the practice in the 13th century in England. 2 Poll. & Maitl. Hist. E. L. 348.
See DEAD MAN'S PART; BAIRN'S PART ; FAL CIDIAN LAW.