Dower

The provision which the law makes for a widow out of the lands or tenements of her husband, for her support and the nurture of her children. Co. Litt. 30a; 2 Bl. Comm. 130; 4 Kent, Comm. 35; J Washb. Real Prop. 146; Chapin v. Hill, 1 R. I. 452 ; Hill v. Mitchell, 5 Ark. 610; Smith v. Hines, 10 Fla. 258; Hoy v. Varner, 100 Va. 600, 42 S. E. 690. Dower is an estate for the life of the widow in a certain portion of the following real estate of her husband, to which she has not relinquished her right during the marriage:
(1) Of all lands of which the husband was seised in fee during the marriage;
(2) of all lands to which another was seised in fee to his use;
(3) of all lands to which, at the time of his dcath, he had a perfect equity, having paid all the purchase money therefor. Code Ala. 1886, § 1892. The term, both technically and in popular acceptation, has reference to real estate exclusively. "Dower," in modern use, is and should be distinguished from "dowry." The former is a provision for a widow on her husband's death; the latter is a bride's portion on her marriage. Wendler v. Lambeth, 163 Mo. 428, 63 S. W. 684.

— Dower ad ostinm ecclesiæ. Dower at the church door or porch. An ancient kind of dower in England, where a man, (being tenant in fee-simple, of full age,) openly at the church door, where all marriages were formerly celebrated, after affiance made and troth plighted between them, endowed his wife with the whole of his lands, or such quantity as he pleased, at the same time specifying and ascertaining the same. Litt. § 39; 2 Bl. Comm. 133.

— Dower by the common law. The ordinary kind of dower in English and American law, consisting of a life interest in one-third of the lands or which the husband was seised in fee at any time during the coverture. Litt § 36; 2 Bl. Comm. 132; 2 Steph. Comm. 302 ; 4 Kent, Comm. 35.

— Dower by custom. A kind of dower in England, regulated by custom, where the quantity allowed the wife differed from the proportion of the common law; as that the wife should have half the husband's lands; or, in some places, the whole; and, in some, only a quarter. 2 Bl. Comm. 132; Litt. § 37.

— Dower de la plnis belle. Lu Fr. Dower of the fairest [part.] A species of ancient English dower, incident to the old tenures, where there was a guardian in chivalry, and the wife occupied lands of the heir as guardian in socage. If the wife brought a writ of dower against such guardian in chivalry, he might show this matter, and pray that the wife might be endowed de la pluis telle of the tenement in socage. Litt. § 48. This kind of dower was abolished with the military tenures. 2 Bl. Comm. 132.

— Dower ex assensu patris. Dower by the father's assent. A species of dower ad ostium ecclesiæ, made when the husband's father was alive, and the son, by his consent expressly given, endowed hls wife with parcel of his father's lands. Litt. § 40; 2 Bl. Comm. 133; Grogan v. Garrison, 27 Ohio St. 61.

— Dower unde nibil babet. A writ of right which lay for a widow to whom no dower had been assigned.