Online Encyclopedia

JOINTURE

Online Encyclopedia
Originally appearing in Volume V15, Page 491 of the 1911 Encyclopedia Britannica.
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JOINTURE  , in

law, a provision for a wife after the
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death of her
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husband . As defined by
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Sir E . Coke, it is " a competent livelihood of
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freehold for the wife, of lands or tenements, to take effect presently in possession or profit after the death of her husband, for the
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life of the wife at least, if she herself be not the cause of determination or forfeiture of it " (Co . Litt . 36b) . A jointure is of two kinds, legal and equitable . A legal jointure was first authorized by the
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Statute of Uses . Before this statute a husband had no legal seisin in such lands as were vested in another to his " use," but merely an equitable estate . Consequently it was usual to make settlements on
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marriage, the most general form being the settlement by deed of an estate to the use of the husband and wife for their lives in joint tenancy (or " jointure "), so that the whole would go to the survivor . Although, strictly speaking, a jointure is a joint estate limited to both husband and wife, in
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common acceptation the word extends also to a
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sole estate limited to the wife only . The requisites of a legal jointure are: (1) the jointure must take effect immediately after the husband's death; (2) it must be for the wife's life or for a greaterestate, or be determinable by her own act; (3) it must be made before marriage—if after, it is voidable at the wife's election, on the death of the husband; (4) it must be expressed to be in satisfaction of dower and not of
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part of it . In equity, any provision made for a wife before marriage and accepted by her (not being an infant) in lieu of dower was a bar to such .

If the provision was made after marriage, the wife was not barred by such

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pro-vision, though expressly stated to be in lieu of dower; she was put to her election between jointure and dower (see DowER) .

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