Assignment Of Dower

The act by which the share of a widow in her deceased husband's real estate is ascertained and set apart to her. The assignment may be made in pais by the heir or his guardian, or the devisee or other persons seised of the lands subject to dower (19 N. H. 240; 23 Pick. [Mass.] 80, 88; 4 Ala. [N. S.] 160; 4 Me. 67; 2 Ind. 388; White & T. Lead. Cas. 51), or it may be made after a course of judicial proceedings, where a voluntary assignment is refused. In this case, the assignment will be made by the sheriff, who will set off her share by metes and bounds.

2 Bl. Comm. 136; 1 Washb. Real Prop. 229.

The assignment should be made within forty days after the death of the husband, during which time the widow shall remain in her husband's capital mansion house.