Dead's Part

Dead's Part, in Scots law, is that part of a man's movable property which he is entitled to dispose of by testament. If a man dies without leaving widow or children, the dead's part is the whole; if he leave widow but no children, or children but no widow, it is a half; and if he leave both widow and children, it is a third of his movable property. The dead's part, however, may be increased or diminished by special provisions in a marriage-contract, or by wife and children renouncing their legal rights. This dead's part in English law is called the 'dead man's part,' and went formerly to pay for masses for the dead man's soul. Afterwards the administrators applied it to their own use, until finally it was by statute subjected to be distributed among the next of kin.