¶1We are of opinion that the demandant ⅛ estopped in this case by her deed, to demand her dower, The general rule of law is, that the deed of a married woman is void; but this is an exception to the general rule, founded on very satisfactory reasons, and sanctioned by long usage in this state. The ground on which this exception rests is, that no interest of the husband is affected by the deed. It can have no operation during his life; and while a wife is permitted, by joining in a deed with her husband, to bar her right of dower, there seems to be no reason why she should not be permitted to release her right by a separate deed. Shep. Touch. 7.—1 H. Blackstone 334, Compton vs. Collinson.—2 Wilson 1, Stevens vs. Tyrrell.—10 Coke's Rep. 43.—7 Mass. Rep. 18, Fowler vs. Shearer.—17 John. 548, Jaques vs. Trustees of Methodist Episcopal Church.
2 N.H. 507
Shepherd v. Howard
Superior Court of New Hampshire
Decided October 15, 1822
Superior Court of New Hampshire · decided 1822-10-15
Where A. conveyed a tract of land to B. m 1805, and m 1810, A. being still living, his wife by a separate deed released her right of dower in the land, it was held that the wife was estopped by the deed from demanding her dower after A.'s death. This was a writ of dower. The tenant pleaded in bar a release by deed made by the demandant of her right of dower in the demanded premises.
Cited by 1 later decisions — most recently May 1907
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1822-10-15
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