from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
DEAD MAN'S PART, English law. By the custom of London, when a deceased
freeman of the city left a widow and children, after deducting what was
called the widow's chamber, (q.v.) his personal property was divided into
three parts; one of which belonged to the widow, another tot he children,
and the third to the administrator. When there was only a widow, or only
children, in either case they respectively took one moiety, and the
administrator the other; when there was neither widow nor child, the
administrator took the whole for his own use and this portion was called the
"dead man's part." By statute of 1 Jac. 2, c. 17, this was changed, and the
dead man's part is declared to be subject to the statute of distribution. 2
Bl. Com. 518. See Bac. Ab. Customs of London, D 4.