hotchpot - will terminology

[Elizabeth Herts]

I'm transcribing my great-great-grandmother's will (1932).

This is what I have for one of the clauses:

(c) In default of any such appointment and so far as any such appointment may not extend such share shall be held Upon Trust for all the children or any the child of my said grand daughter who being male attain the age of twenty one years or being female attain that age or previously marry if more than one equally as tenants in common Provided nevertheless that no child of my said grand daughter shall take any part of such share in default of appointment under this present trust without bringing into hotchpot any part of the said share which my said grand daughter may have appointed in favour of such child or any of such child’s issue under the power in that behalf hereinbefore contained unless my said grand daughter in making the appointment shall direct to the contrary

Is this correct, and if so what does it mean?

The grand daughter is my grandmother. The will is that of Elizabeth White, nee Stilwell (see my avatar). She was born in 1838 and was 92 when she died.

[Janet in Yorkshire]

Hotchpot - Wikipedia, the free encyclopedia

"In property law, hotchpot (sometimes referred to as hotchpotch or the hotchpotch rule) refers to the blending of property in order to secure equality of division. It usually arises in cases of divorce or in connection with advances made from the estate of an intestate deceased."

Jay

[Janet in Yorkshire]

I note there's also a reference to "tenant(s) in common" -

not sure of the full legal ramifications of this, apart from the fact that it causes all sorts of problems re ownership, even today.

I suspect there is probably a connection between the two terms. If 2 or more children are left a property as tenants in common and one marries and wants to stay, it would seem sensible to reshuffle assetts to compensate the other. Might this be where the hotchpotch comes in?? perhaps the testator doesn't want this to happen?

[Uncle John]

Tenants in common own equal shares of the property, unlike joint tenants who own the entire property jointly. These days, unmarried partners tend to be tenants in common, so that the survivor doesn't cop the lot automatically.

I think it says "if a beneficiary dies, share the whole lot out equally between the survivors unless my grandaughter decides otherwise".

[Elizabeth Herts]

Thanks, Uncle John and Janet for your explanations - very helpful.

This will is very long - 3,000 words or thereabouts. It's quite complicated. Elizabeth and her husband William White (deceased 1908) had a large draper's business in the High Street in Guildford. She leaves legacies for quite a few of the shop workers and her chauffeur. My grandmother got quite a bit as her other grandchild (grandson) had left his wife and went off with another woman!