JOINTURE, join'tilr, a settlement of lands and tenements made to a woman in considera tion of marriage, as a substitute for dower. Originally it was a joint estate limited to both husband and wife as a joint tenancy and sub jected to survivorship. The wife takes noth ing under the settlement until after the death of the husband, unless special provisions are in corporated, which in reality modifies the effect of a regular jointure. In some settlements, de nominated jointures, provisions are inserted to the effect that they are not to exclude enjoy ment of dower; but such provisions are an in novation upon the established province of join tures. A good jointure must provide that it shall take effect, in possession and profit, im mediately after the death of the husband; that it shall be for the life of the wife herself, and cannot be left in trust for her use and benefit. It should be provided that it is in settlement of all dower interest, in order to maintain its dis tinctive features of jointure. The settlement
must be executed before marriage, as marriage constitutes the entire consideration for the jointure. Such an instrument properly executed before marriage is binding on the wife and a complete bar to dower in any dowable lands owned or conveyed by the husband during the marital relations. Without the intervention and assistance of legislative action, no other form of agreement is effectual to bar dower. It sometimes happens that the wife is deprived of her jointure by lawful acts to which she is not a party, as by the lands being taken for public purposes, or in some other manner equally legitimate. In such a case the .settle ment does not bar her claim against the hus band's estate to the extent to which she is de prived of her jointure.