Dower

s The interest which the lawgives a widow in the realty of her deceased husband. Compare Dowry. The life estate, created by law, where a man is seised of an estate of inheritance, and dies in the life-time of his wife.* In the common law, that portion of lands or tenements which the wife has for the term of her life of the lands or tenements of her husband after his decease, for the sustenance of himself and the nurture and education of her ohildren.5 Tenant in dower is where the husband of a woman is seised of an estate of inheritance and dies; the wife shall then have the third part of all the lands and tenements whereof he was seised at any time during the coverture, to hold to herself for the term of her natural life.^ Dowable. Entitled to dower, subject to dower; endowable: as, a dowable interest in lands, dowable lands.

Dowager.

A widow endowed; particularly, the widow of a person of rank.

Dowress.

A widow entitled to dower; a tenant in dower.

Endo-w.

To assign dower to; to become invested with rights of dower. Whence endowable. See Ekdow. The widow must have been the actual wife of the party at the time of his decease. She is endowable of all lands and tenements of which her husband was seised in fee-simple or fee-tail, at any time during the covertiu-e, and of which any issue she might have had might by possibility have been heu"... There was also dower by custom; as, that the wife should have a quarter, a half, or all of the land; dower ad ostium J United States v. Ouiteau, 10 F. E. 164 (Jan. 25, 1882), Cox, J. See Miles v. United States, 103 U. S. 313 (1880), cases; 9 Pet. *601; 18 Wall. 545; 70 Ala. 45; 37 Conn. 360; 67 Ga. 163; 39 111.

457; 100 id. 242; 104 id. 364; 23 Ind. 170; 64 Iowa, 90; 29 Kan. 141; 1 Duv. (Ky.) 228; 9 Bush, 593; 38 Mich. 482; 44 id. 230; 14 Neb. 540; 42 N. Y. 6; 4 Pa. 374; 83 id. 141^42; 3 Heisk. 28. 2 Wimbish v. Blanks, 76 Va. 365, 369 (1882). 2F. dpuaire; L. dotare^ to endow: doi-, to give. 14 Kent, 35; 71 Ala. 81.

1 Coke, Litt. 30 6, 31 a; Sutherland v. Sutherland, 69 3cclesice; when a tenant in fee-simple, at the church Joor (where marriages were celebrated), after affiance Dttade, endowed the wife with a certain part ot his lands; dovfevexassensupatris: when a son, by e: press igreement of his father, endowed his wife with a part of the father's possessions.' Dower ad ostium ecc Usim and ex assensu patris were abolished by 3 and 4 Will. IV (1833), c.

105.

Dower given by the law is the only kind which has e^^r obtained in this country... During the life of the husband the right is a mere expectancy or possibility. Not being a natural right, but being conferred by law alone, the power that gives may increase, diminish, or otherwise alter it, or even wholly take it away. Upon the death of the husband, the right of the widow becomes vested.' The law of the situs determines rights of dower. At common law the widow has dower: in an estate in common; in incorporeal hereditaments; in mines opened by the husband. She now has dower in wild lands; in an equity of redemption; in some States only in what her husband dies seised of. * At common law she has no dower: in an inheritance of which her husband had no right of immediate seizin; in a term of years (personalty); in an estate in joint- tenancy, except as widow of the survivor; in an estate held for another's life; in a vested remainder. Nor, generally, has she dower now: in a preemption claim; in shares of a corporation; in an estate held in trust by him, but otherwise as to his equitable estates; in a mortgagee's estate, till irredeemable; in partnership lands, before the debts are paid; ' in a contract to purchase which he cpnld not enforce. The right may be defeated by any claim which would have defeated the husband'sseisin: at common law, by alienage,— a rule now generally changed; by foreclosure of a mortgage made by him before marriage, or made for purchase-money after marriage: in some States, by sale on an execution for a debt; by sale for taxes; by an exercise of the right of eminent domain; by dedication to a public use; not, by an assignment in insolvency or bankruptcy — as see below. The right may be bai Ted: by divorce a vinculo, she being the delinquent; by elopement and adultery; by a jointure; by a joint conveyance duly acknowledged,—the common method; by equitable estoppel; by taking what he wills her. Dower was to be assigned or set out, by right, immediately upon his death. Magna Charta allowed her to occupy his principal " mansion-house " forty days, if on dowable lands. One mode of assigning was by "common right "—by legal process; another mode, " against common right," rested upon her agreement. The former was by metes and bounds; the latter by indenture. Procedure for assignment has been called " admeasurement." As against the heir the value at assignment is regarded; as agamst an alienee the value at transfer, and, according to numerous decisions, the increase from general improvement. Two or more widows may be endowable out of the ' 2 Bl. Com. 130, 131, 133. same realty. The estate is a continuation of the husband's. The widow may convey it away; and it may be levied upon. The right, being no part of his estate, is not affected by proceedings in bankruptcy against him.' A woman who is sui juris may, by ante-nuptial contract, relinquish the right," Writ of dower. Process to secure an " assignment" of dower. Writ of dower unde nihil Jiabet — whereof she has nothing: complains that assignment has nqt been made within time.s See further subjects mentioned, and Husband; Parapheonalia; Quakaktine, 1; Settle, 4; Table, 4.