dower

The requisites of dower are a valid marriage; seizin of the husband; and his death.

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.

Tliat portion of a man's lands which upon his death, — usually, as by the lands of which he was seised as of an time during the marriage, where the the common issue might have inherited, not been released. The estate or interest estate in dower.

In English law. Dower by custom: a custom, where the quantity allowed the portion of the common law.

In old English law. Dower ad ostium door or porch, — a kind of dower where simple, of full age, openly at the church were formerly celebrated, endowed his lands, or such quantity as he pleased, the same. Dower de la'pluis beale: a species of dower, incident to the old guardian in chivalry, and the wife Double costs: the ordinary portion of that amount or subsequent insurance risk in favor of the same plea: a plea vphich contains Double possibility: a quarrel: v. Duplex querela. person vouched of a third waste which consists in cutting timber to repair it sur done grant et render, the fine sur cognizance concessit. Double voucher: voucher by a party who had double the ordinary valor maritagii. Doudistinguished from a single whereof; out of which. apprehend, is endowed, or who has a his widow takes for life common law, one-thh-d of any estate of inheritance at any husband's estate was such that and the right of dower has of the widow is called an kind of dower regulated by wife differed from the proecclesise: dower at the church a man, being tenant in feedoor, where all marriages wife with the whole of his specifying and ascertaining dower of the fairest [part], — tenures, where there was a occupied lands of the heir as band's father was alive, and the son, by his consent, endowed his wife with a parcel of his father's lands, v. Unde, etc.

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. 150; 4 Kent, Comm. 35; 1 Washb. Real Prop. 146. Dower is an estate for the life of the widow in a cerbain portion of the following real estate of her husband, to which she has not relinquished her right during the marriage: (1) Of ail 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 nse; (3) of all lands to which, at the time of his death, he had u 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, {s 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.

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.

Ad proximum pediatur sentential the next antecedent, unless juris respondent juratores, dent judices: jurymen of law. Ad quern: to which to what injury. A writ the Crown, to see that no quod non fuit responsum Ad rationem ponere: to to the thing, to recover actions are ad rem, or in ever hands it may be, or in person or persons. In the sonal rights, rights to recover distinct from in most frequently. Ad effectum seeifect. Ad esritum: at issue; at allegiance. Ad filum medium line (thread) of the water or way. at the end, at the end of the suit. Ad gaolas deliberandas: to make; v. Commission., 5. Ad hominem: personal argument. Ad idem: to Ad inde requisitus: thereunto reindefinitely, to an infinite extent. Ad A judicial writ, commanding any to be inquired into. Ad interim: jungendum auxilium: to join in aid; regis: for the rights of the King. A a Crown living against those seek- Ealendas Graecas (at the Greek Ka-: at large. Ad litem: for the the suit. Ad lucrandum vel per- Ad majorem cautelam: for Ad mordendum assuetus: ac- Ad nocumentum: to the hurt, ecclesise: at the church-door: v. antecedens fiat relatio, nisi imreference (relation) should be made to the sense forbid. Ad quaestionem ad qusestionem facti responanswer questions of fact, judges those; v. A quo. Ad quod damnum: issuing before the grant of liberties by rights will thereby be injured. Ad: to which there was no answer. cite to appear, to arraign. Ad rem: the thing, against the thuig. Thus rem, to recover the thing in whose personam against some particular Roman law rights ad rem were perthe thing against some person, as in the which su Btentationem: for repairing and keeping in proper condition. Ad respondendum: to answer; v. Capias. Ad seotam: at suit of. Adterminumannorumiforatermofyears. Ad terminum qui prseteriit: for a term which has expired. A writ of entry which lay for the lessor or his heirs against the lessee or any one holding the land after the lease expired. Ad tunc et ibidem: then and there. The technical name for a part of an indictment specifying time and place. Ad tristem partem Btrenua est suspicio: suspicion lies heavy on the unfortunate side. Ad unguem: perfect, finished to the smallest detail. Ad usum et commodum: to the use and benefit. Ad valentiam, valorem: to the value; v. Cape. Ad ventrem inspiciendum; v. De ventre inspiciendo. Ad vitam aut oulpam (for Hfe or until fault): during good behavior. Ad voluntatem domini: at the will of the lord. Ad waractum: to fallow.

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.

pleading, a plea by which a defendant denies the right of a widow who sues for, and demands her dower in lands, &c. late of her with him, or any time afterwards, seised of such estate, so that she could be endowed of the same. See 2 Saund. 329; 10 Went. 159; 3 Chit. Pl. 598, and the authorities there cited.