Legal Definitions - portioner

A portioner is a term primarily used in Scots law to describe an individual who owns or inherits a share of an estate. Most commonly, it refers to an heir portioner, which designates one of two or more female heirs who, in the absence of any male heirs, inherit equal shares of a deceased person's property. More broadly, it can refer to the proprietor of a small, defined part of a larger property or estate. Historically, the term also applied to a minister who received only a portion of the income (tithes) from a church benefice, sharing it with others.

• Heir Portioner in Inheritance:

  Scenario: Mr. Campbell, a Scottish landowner, passes away without a will. He has no sons, but leaves behind three daughters: Fiona, Isla, and Mairi.

  Explanation: Under Scots law, since there are no male heirs, Fiona, Isla, and Mairi would each inherit an equal share of their father's estate. They would collectively be known as "heir portioners," with each daughter being a "portioner" of the estate.

• Proprietor of a Divided Estate:

  Scenario: The ancient MacGregor estate, encompassing several hundred acres, is legally divided among distant cousins according to the terms of an old family trust. One cousin, Alistair, is granted ownership of a specific 50-acre woodland parcel within the original estate boundaries.

  Explanation: Alistair would be considered a "portioner" because he is the proprietor of a distinct, smaller portion of what was once a much larger, undivided estate.

• Historical Ecclesiastical Context:

  Scenario: In the 16th century, a large and wealthy church benefice in rural Scotland generated substantial tithes. To ensure adequate pastoral care across its vast area, the benefice's income was legally split, with two different clergymen each receiving a share and serving a specific part of the parish.

  Explanation: Each of these clergymen would have been referred to as a "portioner" because they received only a portion, rather than the entirety, of the tithes or allowance associated with the benefice.