The Volokh Conspiracy
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The Doctrine of Hotchpot
What is this, under American law? (It has sometimes been referred to as "hotch-potch," but is not to be confused with "hodgepodge," the Wisconsin Court of Appeals tells us.)
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"Hotchpot is '[t]he blending of items of property to secure equality of division, esp. as practiced either in cases of divorce or in cases in which advancements of an intestate's property must be made up to the estate by a contribution or by an accounting.'” In re Estate of Christiansen, 847 N.W.2d 426 (Ct. App. 2014) (quoting BLACK'S LAW DICTIONARY 755 (8th ed. 2004)).
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Literally, a "mixture of property".
Broadly, hotchpot clauses and rules apply to trusts and wills, to ensure fairness to the beneficiaries by taking into consideration amounts already received when calculating the final amount due to the beneficiaries under the terms of the trust or will.
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https://content.next.westlaw.com/practical-law/document/I210d13a9e80211e398db8b09b4f043e0/Hotchpot?viewType=FullText&transitionType=Default&contextData=(sc.Default)#:~:text=Literally%2C%20a%20%22mixture%20of%20property,of%20the%20trust%20or%20will.
Seems pretty boring. From the sound of it, I was hoping it was some sort of common-good doctrine having to do with the 'de facto' creation of shared/public property by having everyone voluntarily/accidently contribute real goods to the existence of the pot, without actually tracking who contributed what to the pot, or what the pot's exact legal status was supposed to be ahead of time.
hotch-potch....Whence did this term originate?
In a divorce, I rarely see an equal distribution. Thank God I never have had to deal with that (hopefully never will).
My years in Wisconsin acquainted me with the concept of "hot dish" to take to potlucks, which I gather was originally a Minnesota thing. Apparently this is completely unrelated.
You're all wrong.
A hotch pot is where witches prepare their magic brews.
Fillet of a fenny snake,
In the caldron boil and bake;
Eye of newt and toe of frog,
Wool of bat and tongue of dog,
Adder's fork and blind-worm's sting,
Lizard's leg and howlet's wing,
For a charm of powerful trouble,
Like a hell-broth boil and bubble.
Bon appetit!
Sounds like, but is not akin to, crotch-pot, as in crotch-pot cooking: https://youtu.be/Uv1vbCBDeFU?si=nBZM8sZuhsy0sJ5g