On the dissolution of a marriage by the death of either party, an anterior question to that of the distribution of the property is, whether the marriage was permanent A permanent marriage is one which has lasted for a year and part of a day, or of which a living child has been born. In the case of dissolution by death of a marriage not permanent, there is a question of accounting, and the pro perty of the parties is, as nearly as cir =instances will permit, so distributed as it would have ben had no marriage be tween them been solemnized. In the case of a permanent marriage, the moveable property is divided as above stated, the survivor getting a half, if there is no issue, and a third if there is issue. Of any real property in which a wife dies in feft, if there has been a living child born of the marriage, and if there is no sur viving issue of the wife by a former mar riage, the widower enjoys the life-rent use : this is called " the courtesy of Scot land." A widow enjoys the life-rent of one-third part of the lands over which her husband has died infeft, by way of Terce." The distribution of the pro
perty, personal or heritable, may be other wise arranged by antenuptial contract, of equivalents to the property to which a party would succeed may be made by the settlements of the deceased.
On the dissolution of marriage by vorce [Davoacs], the offending party forfeits whatever provisions, legal or conventional, he or she might be entitled to from the marriage : and the innocent party, at whose instance the suit of divorce is brought, retains whatever benefits, legal or conventional, he or she may have become entitled to by the marriage. It follows, that when the divorce proceeds at the suit of the wife, she obtains, at the date of the decree of divorce, the pro visions which, as above, she would be entitled to ou the death of her husband • and that, on the other hand, if the suit be at the instance of the husband, the wife not only loses her right to such provisions, but forfeits to the husband whatever pro perty she may have brought into the goods in communion.