ASSIGNMENT OF DOWER. The act by which share of a widow in her deceased husband's real estate is ascertained and set apart to her.
The assignment may be made in pais by the heir or his guardian, or the devisee or other persons seised of the lands subject to dower, 2 Penn. N. J. 521 ; 19 N. H. 240 ; 23 Pick. Mass. 80, 88; 4 Ala. N. s. 160 ; 4 Me. 67 ; 2 Ind. 388; Tudor, Lead. Cas. 51 ; or it may be made after a course of judicial pro ceedings, where a voluntary assignment is refused. In this case the assignment will be made by the sheriff, who will set off her share by metes and bounds. 2 Blackstone, Comm. 136; 1 Washburn, Real Prop. 229. 'The as signment should be made within forty days after the death of the husband, during which time the widow shall remain in her.husband's capital mansion-house. See 20 Ala. N. a.
662 ; 7 T. B. Monr. 337 ; 5 Conn. 462 ; 1 Wash
burn, Real Prop., 222, n., 227. The share of the widow is usually one-third of all the real estate of which the husband has been seised during coverture ' • and no writing or livery is necessary in a valid assignment, the dowress being in, according to the view of the law, of the seisin of her husband. The remedy of the widow, when the heir or guardian refuses to assign dower, is by a writ of dower uncle nail habet. 4 Kent, Comm. 63. If the guardian of a minor heir assign more than he ought, the heir on coming of age may have the writ of admeasurement of dower. 2 Ind. 336; 1 Pick. Mass. 314; Coke, Litt. 34, 35; Fitzherbert, Nat. Brev. 148 ; Finch, 314; Stat. Westm. 2 (13 Edw. I.), c. 7; 1 Washburn, Real Prop. 222-250 ; 1 Kent, Comm. 63, 69; 2 Bouvier, Inst. n. 1743.