Home >> Encyclopedia-britannica-volume-7-part-2-damascus-education-in-animals >> Dormer to Drente >> Dower

Dower

Loading


DOWER, in law, the life interest of the widow in a third part of her husband's lands. There were originally five kinds of dower : (1) at common law; (2) by custom; (3) ad ostium ecclesiae, or at the church porch; (4) ex assensu patris; (5) de la plus belle. The last was a conveyance of tenure by knight service, and was abolished in 166o, by the act which did away with old tenures. Dower ad ostium ecclesiae, by which the bride was dowered at the church porch (where all marriages used formerly to take place), and dower ex assensu patris, by the father of the bride groom, though long obsolete, were formally abolished by the Dower act 1834. Dower was governed in Great Britain, so far as women married after Jan. 1, 1834 were concerned, by the Dower act 1834, and under it only attached on the husband's death to the lands which he actually possessed for an estate of inheritance at the time of his death. It did not attach to any land actually dis posed of by him in his lifetime or by his will, or to any land from which he declared by deed or will his wife should not be entitled to dower. Dower was finally abolished by the Administration of Estates act 1925. The right to dower still obtains in some col onies, while in others it has been superseded by Homestead acts, or the acts dealing with devolution of property (see Burge's For. and Col. Laws, vol. iv. pt. ii. Wyndham A. Bewes ed.) In the United States, in such States as have not enacted statutes to the contrary, dower continues as at common law. Some statutes are in effect which declare the principles of the common law. In most States, however, the common law doctrines of dower have been very greatly modified by statute. In some States dower either has been abolished or a different right or interest has been substituted therefor. Even where it has been abolished, the term often popularly is used. Where dower is abolished the interest substituted may be in one of several forms, perhaps a certain portion of the husband's property or of the community property of both or of a life estate in a portion of his realty.

abolished, law and common