Scottish National Dictionary (1700–)
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First published 1974 (SND Vol. IX).
This entry has not been updated since then but may contain minor corrections and revisions.
TERCE, n. Also tearce, teirce, tierce. [tɛrs] Sc. Law: the right of a widow to the liferent of one third of her husband's heritable estate, if no other provision has been made for her. Now obs. The greater terce was applicable to all the husband's heritage, the lesser terce when the lands were already terced in favour of the surviving widow of the deceased husband's lineal predecessor in the lands (Sc. 1773 Erskine Institute ii. ix. § 47). Phrs. to ken or serve a widow to her terce, see Ken, v., 4., Serve, v.1, 1. (3) and 1896 quot. Deriv. tercer, a widow who has the liferent of a terce (Sc. 1773 Erskine Institute ii. ix. § 44, 1808 Jam.).Sc. 1700 Fountainhall Decisions II. 79:
A wife can claim no terce except in lands wherein her husband died last vest and seized.Sc. 1722 W. Forbes Institutes I. i. 67:
The legal Provisions which a Wife hath Right to by her Husband's Death are, Jus Relictae in the Moveables, and a Terce of his Lands.Sc. 1754 Erskine Principles ii. ix. § 29:
She can only possess with the heir pro indiviso, and so cannot remove tenants, till the Sheriff kens her to her terce, or divides the land between her and the heir.Sc. 1799 W. Mitchell Scotticisms 56:
To ken a woman to her tierce is, in Scotland, to serve the widow on a brief to the liferent of the third part of the lands in which her husband died enfeoffed.Rnf. 1822 Miscellany S.H.S. VIII. 150:
Accepted of by me in full of all terce, legal or conventional.Sc. 1896 W. K. Morton Manual 156:
Should parties stand on their legal rights, the widow, having no title of possession, resorts to the procedure of “kenning to a terce” before the Sheriff. Under this she is first served to the terce by the verdict of a jury, finding as matter of fact, that she was the wife of the deceased proprietor, and that he died infeft in certain lands, which verdict gives her a title to possess jointly with the heir. The Sheriff thereafter “kens to the terce,” or divides the land between her and the heir, by setting aside two-third parts to the heir and one-third part to her.Sc. 1924 Acts 14 & 15 Geo. V. c.27 § 21:
Actions of serving to terce and kenning to terce are hereby abolished.Sc. 1927 Gloag and Henderson Intro. Law Scot. 449:
When terce is due out of lands burdened with a prior terce still subsisting, the second tercer has right to lesser terce, i.e. to a third of the two-thirds unaffected by the first terce.Sc. 1969 Sc. Law Agents Soc. Memo. Bk. 96:
Section 10 (1) of the Act [Succession (Scotland) Act, 1964] abolishes the legal rights of terce and courtesy.
