Legal Definitions - kenning to a terce

Kenning to a terce is a historical term from Scots law that refers to the legal process by which a sheriff officially identified and assigned a widow her rightful share of her deceased husband's land. This share, known as the "terce," typically amounted to one-third of the husband's heritable property (land and buildings). The "kenning" aspect involved the sheriff physically inspecting and marking out the specific portions of the estate that would be allocated to the widow for her use during her lifetime, ensuring her financial support and residence.

• Example 1: Rural Estate Division

  Imagine an 18th-century Scottish landowner who passes away, leaving behind a widow and several adult children. His estate includes a large farm with multiple fields, a farmhouse, and various barns. To ensure the widow's financial security, the local sheriff would perform a kenning to a terce. This would involve the sheriff physically visiting the farm, assessing its value, and then formally designating specific fields, perhaps a portion of the farmhouse, and certain outbuildings as the widow's one-third share. This process legally separated her portion from the land inherited by the children, allowing her to live on and derive income from her allocated terce.

• Example 2: Urban Property Allocation

  Consider a wealthy merchant in 17th-century Edinburgh who dies, owning a primary residence, a bustling shop, and a separate rental property. His widow is entitled to her terce. A sheriff would conduct a kenning to a terce to determine which specific parts of these urban properties would constitute her one-third share. This might involve assigning her the right to occupy a particular floor of the main residence, or perhaps the income generated from the rental property, ensuring she had a secure dwelling and financial means without disrupting the merchant's business operations that might pass to other heirs.

• Example 3: Resolving Inheritance Disputes

  In a more complex scenario from 19th-century Scotland, a laird dies, leaving a widow, an adult son, and a daughter. The estate comprises valuable arable land, extensive woodlands, and a grand manor house. The son, as the primary heir, might wish to claim the most productive parts of the land. In such a situation, the sheriff's kenning to a terce would be crucial. The sheriff would physically survey the entire estate, taking into account the value and utility of each section, and then formally mark out the specific one-third portion (the terce) for the widow. This legal act ensured her rights were protected and her share was clearly defined, even amidst potential family disagreements over the remaining inheritance.