RE: DOWER

I am sure the source recommended by Mr. Moore is a
good one and there are numerous others.

A short explanation can be found in Black's Law
Dictionary, 7th Edition, p. 507, or any other standard
legal dictionary available in virtually every library
in the USA.

Briefly stated, dower is the right of a women to have
a life estate (lifetime right of use and income) in
1/3 of all the lands that her husband owned IN FEE
"during coverture," i.e., while they were married.

That includes land he owned at the time of marriage,
land acquired during marriage and land he acquired
(such as by will or intestate succession) in fee by
any other means.

It DOES NOT include land in which the husband himself
had only a life estate, such as entailed land (entails
were abolished in the states after the Revoltion). In
fact, dower is one of the claims that entail was
designed to circumvent.

Also excluded is land was sold by the husband during
the marriage PROVIDED the wife signed the deed/s and
was "separately examined" as to the voluntariness of
her participation in the sale, a certificate of which
is attached to the deed.

Also excluded in colonies/states that used the
husband+wife tenancy called "tenancy by the entirety"
(the husband and wife become one in law as to land, as
well as in spirit) is land owned in that fashion (both
named as grantees in the deed). The entirety of such
land passed to the survivor in fee by operation of law
-- that is, outside of any other limitation, even a
will in which the husband attempted to devise entirety
land to someone other than his wife (or vice versa).
Most states that had tenancy by the entirety have
repealed it (but not North Carolina).

FURTHER CAVEATS:

(1) The law of each colony/state must be checked;
there could be statutory differences before and/or
after the Revolution.

(2) Dower is common law; it can be and in many states
it now has been changed or modified by statute.

(3) As for the origin of dower, it is English common
law. The legal dictionaries should provide some
references to its origins and possible modifications
in England.

(4) With respect to whether dower exists TODAY in
intestacy, it will again be necessary to check the law
of the state in which the issue arises.

(5) Dower also exists/existed with respect to wills.
If a husband's will did not include at least the
amount of land for life that dower would have
provided, a wife could dissent from her husband's will
and claim her dower.

(6) Because dower was common law, it did not "begin"
in the colonies in the sense of the government having
to act to establish it. Dower existed inherently
wherever English law governed, including the colonies
until amended or abolished by statute. Generally, the
states brought forward English common law as the
original basis for American law (except Louisiana).

(7) I cannot provide a definitive statement of English
dower without research, but perhaps someone can/will.
You should also be able to find a discussion of
English dower in a book such as the one Mr. Moore
mentioned and references in the dictionaries or in an
encyclopedia.

Like all things legal, there may be more to any
particular case depending upon the facts of the case
and the law of the jurisdiction, but the foregoing are
general guidelines.

Joseph B. Chandler Jr.
Alexandria, VA
UNC Law 67



--- "Donald W. Moore" <[log in to unmask]> wrote:

> If you don't mind some reading on the subject, a
> very good reference
> is Women and the Law of Property in Early American
> by Marylynn Salmon.
>
>
> On Nov 30, 2005, at 1:52 PM, Judith B. Gabor wrote:
>
> > Could someone briefly describe the dower system in
> England and VA,
> > especially the dates when it came into being in
> each location?
> >
> > If one dies intestate today, does it still apply?
> >
> > Thanks very much - J. B. Gabor
> >
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