Dower

Fr.&Eng. [L.Lat.rfM, do8 mulieris, doarium, douarium, dotarium, dodariunip dotalitium, triens, tertia; L. Fr. dowarie, douaire, dower; Scotch, terce.] That portion (usually one third) of a man's lands and tenements which his widow is entitled, after his death, to have and hold for the term of her natural life, for the sustenance of herself, and the nurture and education of her children.

Co. Litt. 30 b.

Litt. sect.

36.

Bract, fol.

92, 92 b. 2 Bl. Com. 129, 130. 2 Steph. Com. 302. 2 Crabb's Real Prop, 124, § 1117. 4 Kent* 8 Com. 35. Macqueen Hvsb. <& Wife^ 158.

The estate or interest of the widow in such portion is called an eetate in dower, and she herself is termed tenant in dower {tenene in dote.) Co. Litt. 30 a. See Estate in dower, Dos. Dower is now given to the widow by the express provision of the law, but was anciently conferred in England by the act of the husband himself, who endowed his wife at the church door, at the time of the espousals, with the whole of his lands or sncli part as he pleased, specifying the same; which was called the conetiiutio dotie, or establishment of dower. See Dower ad ostium ecclesuB. If no specific dotation of this kind was made by the husband, the common law gave the wife the third part (which was called her dos rationa Mlis, q. v.) of such lands and tenements as the husband was seised of at the time of the espousals, or, in Bracton's language, of which he might then have endowed her.

2 Bl. Com. 134.

Bract, fol.

92.

This is the origin of the modern dower, and is expressly confirmed by Magna Charta, c.

7.

The ancient mode of endowment at the church door, by the husband, is supposed by some to be derived from the donatio propter nupdas of the Roman law, and Bracton calls it expressly by that name.

Long's Discourses, 99—102.

Bract, fol.

92 b. But see 2 BL CW. 129.

Spelman, \oc.

Doarium.

Cruise Dig. tit. Dower. The word dower itself is derived by Spelman from the Fr. douaire, as are also the Lat. doarium, and douarium. It occurs in its present form at a very early period, being constantly used as a law French word by Britton, whose several chapters on this subject are entitled De Dowers, De estab* lissementz de dower, De assignment de dotoer, and De remedy de dower. Britt. cc.

101, 102, 103, 104.

Dowar or douar may have been an earlier form. Dower is also used in the original law French of Littleton.