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Jointure

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

A Joint estate limited to both husband and wife. A competent livelihood of freehold for the wife, of lands and tenements, to take effect, in profit or possession, presently after the death of the husband, for the life of the wife at least. Jointures are regulated by the statute of 27 Hen. VIII. c. 10, commonly called the "Statute of Uses." To make a good jointure, the following circumstances must concur, namely: It must take effect, in possession or profit, immediately from the death of the husband. It must be for the wife's life, or for some greater estate. It must be limited to the wife herself, and not to any other person in trust for her. It must be made in satisfaction for the wife's whole dower, and not of part of it only. The estate limited to the wife must be expressed or averred to be in satisfaction of her whole dower.

It must be made before marriage

A jointure attended with all these circumstances is bindits ever arising. But there are other modes of limiting an estate to a wife, which. Lord Coke says, are good jointures within the statute, provided the wife accepts of them after the death of the husband. She may, however, reject them, and claim her dower. Cruise, Dig. tit.

7; 2 Bl. Comm. 137.

In its more enlarged sense, a jointure signifies a joint estate limited to both husband and wife, 2 Bl. Comm. 137.

See 14 Viner, Abr, 540; Bac. Abr.; 2 Bouv. Inst., note 1761 et seq.; Washb. Real Prop. JORNALE (Law Lat.) In old European law.

As much ground as might be ploughed in one day.

Spelman,