40 REPOKT OF THE SCOTTISH COMMISSION 



Law of Succession 



As regards the general law of succession, a wife, on the death 

 of her husband, is entitled to one-half of his whole estate, and out 

 of the other half she takes the same as a child, but never more 

 than one-fourth in the event of there being only one child, or one- 

 eighth in the event of there being more than one child. The testator 

 has only power to dispose of one-third of the half not taken by the 

 widow (or one-sixth of his whole estate by will). An extreme case 

 can easily be imagined in which, under the will of the testator, the 

 wife receives the one-sixth of which the deceased had power of 

 disposal, she being further entitled to the half and one-eighth 

 under the marriage laws, thus bringing up the share of the estate 

 to which she might succeed to nineteen-twenty-fourths of the whole. 

 The amount left for compulsory division amongst the children 

 would therefore be only five-twenty-fourths of the whole estate. 

 Should, however, the widow re-marry, on her death the children 

 can claim their proper share of the original estate. From the 

 above it would appear that a great hardship might be done to the 

 children. In practice, however, this does not take place, and it is 

 far from uncommon to find that the father, who has absolute power 

 over his estate during his lifetime, pays over to his children as 

 much as they may reasonably expect to receive at his death. 



Further, any owner of a farm may leave his entire fixed property 

 to one of his heirs, subject to reasonable compensation being paid 

 to the others. A disposition in such terms has, however, to be 

 confirmed by the Board of Justice, it having to be proved to their 

 satisfaction that such a disposal is for the benefit of the heirs as a 

 whole. 



The proprietor of a country seat has also the power of bequeath- 

 ing one-half of his property to the heir who is to succeed to the 

 landed estate. In this event, however, instead of having the 

 absolute disposal of one-third of the remainder of his property as 

 above stated, this is reduced to one-fourth. 



Several special Acts have been passed regulating the succession 

 to peasant farms. The most important of these is that of 1 837, by 

 which the proprietor may leave the farm by will to any one of his 

 children, irrespective of age or sex, subject to a moderate considera- 

 tion being given to the others, the extent of which is left entirely 

 to the discretion of the testator. The consent of the wife to such 

 a disposition is necessary. Should a peasant be the proprietor of 

 more than one farm, he may not leave the whole to a single heir, 

 but they fall to be divided amongst as many of the heirs as there 

 may be farms. 



Registration and Sale 



The system of registration in Denmark seems to be simple and 

 effective. The lands are entered in the State registers under their 

 proper descriptions. All burdens and mortgages affecting the lands 

 are also detailed in the register. On a transfer taking place, or a 



