DOWER (from Fr. dower, to endow). The provision which the law makes for a widow out of the lands or tenements of her husband, for her support and the nurture of her children. Coke; Litt. 30 a; 2 Black stone, Comm. 130; 4 Kent, Comm. 35; Wash hum, Real Prop. 146.
2. There were five species of dower in England:— Dower by custom, where a widow became entitled to a specified portion of her bus.. band's lands in consequence of some local or particular custom.
Dower ad ostium ecclesice, where b. man of full age, on coming to the church-door to be married, endowed his wife of a certain por tion of his lands.
Dower ex assensu fratris, which differed from dower ad ostium ecclesice only in being made out of the lands of the husband's father and with his consent.
Dower de la plus belle, where the widow, on suing the guardian in chivalry for dower, was required by him to endow herself of the fairest portion of any fands she might hold as guardian in socage, and thus release from dower the lands of her husband held in chi valry. This was abolished along with the military tenures, of which it was a conse quence. 2 Blackstone, Comm. 132, n.
Dower by common law, where the widow was entitled during her life to a third part of all the lands and tenements in fee-simple or fee-tail of which her husband was seised at any time during the coverture, and of which any issue she might have had might by _possibility have been heir.
Since the passage of the Dower Act in Eng land, 3 & 4 Will. IV. c. 105, all these species of dower, except that by custom and by the common law, have ceased to exist. 2 Shars wood, Blackst. Comm. 135, n. Dower in the United States, although regulated by statutes differing from each other in many respects, conforms substantially to that at the common law. 1 Washburn, Real Prop. 149.
3. Of what estates the wife is dowable. Her right to dower is always determined by the laws of the place where the property is situ ate. Story, Confl. Laws, 448; 1 Miss. 281; 4 Iowa, 381; 3 Strobh. So. C. 562.
She is entitled to one-third of all lands, tenements, or hereditaments, corporeal and incorporeal, of which her husband may have been seised during the coverture, in fee or in tail. 2 Blackstone, Comm. 131.
She was not endowable of a term of years, however long. Park, Dow. 47; 1 Md. Ch. Dec. 36. In Missouri, her right attaches to a leasehold of twenty years, Rev. Stat. 1855, 668; also to the personal estate in general, under certain conditions. Mo. Rev. Stat. (1855) 669 ; 16 Mo. 478. Similar statutes are found in many of the other states.
The inheritance must be an entire one, and one of which the husband may have corpo real seisin or the right of immediate corpo real seisin. Park, Dow. 47 ; Finch, 368 ; Plowd. 506; 1 Smedes & M. Ch. Miss. 107.
Dower does not attach in an estate held in joint tenancy ; but the widow of the survivor has dower. Park, Dow. 72; Coke, Litt. 45; 15 Pet. 21. But where the principle of sur vivorship is abolished, this disability does not exist. 9 Dan. Ky. 185 ; 2 Strobh. So. C. 67 ; Mo. Rev. Stat. (1855) 351 An estate in common is subject to dower. Park, Dow. 42 ; 13 Mass. 504 ; 3 Paige, Ch. N. Y. 653 ; 3 Edw. Ch. N. Y. 500 ; 6 Gray, Mass. 314.
In the case of an exchange of lands, the widow may claim dower in either, but not in both, Coke, Litt. 31 b; if the interests are unequal, then in both. 7 Barb. N. Y. 633 ; 32 Me. 412 ; 1 N. H. 65.
She is entitled to, dower in mines belonging to her husband, if opened by him in his life time on his own or another's land. 1 Taunt. 402 ; 1 Cow. 460.
She had e right of dower in various spe cies of incorporeal hereditaments: as, rights of fishing, and rents. Coke, Litt. 32 a; 2 Blackstone, Comm. 132.; Park, Dow. 36; 1 Bland. Ch. Mich. 227. The rents should be estates of inheritance. 2 Cruise, Dig. 291.
4. In most of the states she is dowable of wild lands. 2 Dougl. Mich. 141 ; 10 Ga. 321; 2 Rob. Va. 507 ; 3 Dan. Ky. 121 ; 8 Ohio, 418: contra, 15 Mass. 157 ; 1 Pick. Mass. 21; 14 Me. 409; 2 N. H. 56.