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See also:DOWER (through the Old Fr. douaire from See also:late See also:Lat. dotarium, classical Lat. dos, See also:dowry)
, in See also:law, the See also:life See also:interest of the widow in a third See also:part of her See also:husband's lands
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There were originally five kinds of See also:dower: (1) at See also:common law; (2) by See also:custom; (3) ad ostium ecclesiae, or at the See also: At common law, and See also:prior to the act of 1834, dower was of a very different nature . The wife's right attached, while the husband was still living, to any land whereofhe was solely seised in See also:possession (excluding equitable and joint estates) for an estate of inheritance at any time during the continuance of the See also:marriage, provided that any See also:child the wife might have had could have been See also:heir to the same, even though no child was actually See also:born . When once this right had attached it adhered to the lands, notwithstanding any See also:sale or devise the husband might make; nor was it liable for his debts . In this way dower proved an obstacle to the free See also:alienation of land, for it was necessary for a husband wishing to make a valid conveyance to obtain the consent of his wife releasing her right to dower . This See also:release was only effected by a See also:fine, the wife being separately examined . Often, by See also:reason of the expense involved, the wife's concurrence was not obtained, and thus the See also:title of the purchaser was defective during the wife's lifetime . The See also:acceptance of a See also:jointure by the wife before marriage was, however, destructive of dower, if after marriage she was put to her See also:election between it and dower . By the ingenuity of the old conveyancers, devices, known as " uses to See also:bar dower " (the effect of which was that the purchaser never had at any time an estate of inheritance in possession), were found to prevent dower attaching to newly See also:purchased lands, and so to enable the owner to give a clear title, without the need of the wife's concurrence, in the event of his wishing, in his turn, to convey the land . All this was, however, swept away by the Dower Act 1834, and a purchaser of land no longer need trouble himself to inquire whether the dower of the wife of the vendor has been barred, or to insist on her concurrence in a fine . (H . S . |
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[back] WILLIAM DOWDESWELL (1721-1775) |
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