She has no right of dower in a pre-emption claim, 16 Mo. 478; 2 Ill. 314; nor, as a, ge neral thing, in shares of a corporation. 1 Washburn, Real Prop. 166. See 6 Dan. Ky. 107 ; Park, Dow. 113.
At law there was nothing to prevent her from having dower in lands which her hus band held as trustee. But, as she would take it subject to the trust, courts of equity were in the habit of restraining her from claiming her dower in lands which she would be com pelled to hold entirely to another's use, till it was finally established, and remains the same both in England and the United States, that she is not entitled to dower in any thing her husband may hold as a mere trustee. Hill, Trust. 269; 8 Ohio, 412: 2 Ohio St. 415 ; 5 B. Monr. Ky. 152 ; Park, Dow. 105.
A mortgagee's wife, although her husband has the technical seisin, has no dowable in terest till the estate becomes irredeemable. 4 Dane, Abr. 671; 13 Ark. 44 ; 4 Kent, Comm. 42.
5. At common law she was not endowable in the estate of a cestui qui trust. 2 Schoales & L. Ch. Ir. 387; 4 Kent, Comm. 43; 1 Hempst. C. C. 251. But by the Dower Act this restriction was removed in England. 3 & 4 Will. IV. c. 105 ; Park, Dow. 138 ; 1 Spence, Eq. Jur. 501. In the United States the law upon this subject is not uniform. 12 Pet. 201 ; 19 Me. 141; 2 Serg. & R. Penn. 554; 7 Ala. 447; 1 Hen. & M. Va. 92. In some, dower in equitable estates is given by statutes, Mo. Rev. Stat. (1855) 668 ; while in others the severe common-law rule has not been strictly followed by the courts. 1 Md. Ch. Dec. 452 ; 5 Paige, Ch. N. Y. 318; 6 Dan. Ky. 471 ; 8 Humphr. Tenn. 537; 1 Jones, No. C. 430; 3 Gill, Md. 304.
She is generally conceded dower in an equity of redemption. 15 Pet. 38; 34 Me. 50 ; 3 Pick. Mass. 475 ; 4 Gray, Mass. 46 ; 5 Johns. Ch. N. Y. 452 ; 2 Blackf. Ind. 262; 1 Rand. Va. 344; 1 Hill, N. Y. 200; 1 Conn. 559 ; 29 N. H. 564; 1 Stockt. Ch. N. J. 361.
In reference to her husband's contracts for the purchase of lands, the rule seems to be, in those states where dower is allowed in equitable estates, that her right attaches to her husband's interest in the contract, if at his death he was in a condition to enforce specific performance. 5 Paige, Ch. N. Y.
318; 5 Blackf. Ind. 406 ; 1 Hen. & M. Va. 92 ; 1 B. Monr. Ky. 93 ; 2 Ill. 314; 2 Ohio St. 512; 7 Gray, Mass. 533; 19 Ill. 545 ; 1 Jones, No. C. 430. If his interest has been assigned before his death, or forfeited, or taken on ex ecution, her dower-right is defeated. 29 Penn. St. 71 ; 6 Rich. Eq. So. C. 72 ; 4 J. J. Marsh. Ky. 451; 16 Ala. 522 ; 16 B. Monr. Ky. 114 ; 1 Hen. & M. Va. 91.
6. She is entitled to dower in lands actu ally purchased by her husband and upon which the vendor retains a lien for the un paid purchase-money, subject to that lien, 12 B. Monr. Ky. 261 ; 8 Blackf. Ind. 120 ; 2 Bland. Ch. Mich. 242 ; 1 Humphr. Tenn. 408; 7 id. 72, or upon which her husband has given a mortgage to secure the purchase-money, sub ject to that mortgage. 10 Rich. Eq. So. C. 285.
She is not entitled to dower in partnership lands purchased by partnership funds and for partnership purposes, until the partner ship debts have been paid. 4 Mete. Mass. 537; 5 id. 562 ; 4 Miss. 372 ; 10 Leigh, Va. 406 ; 5 Fla. 350 ; 20 Mo. 174. She has been denied dower in land purchased by several for the purposes of sale and speculation. 3 Edw. Ch. N. Y. 428.
Sometimes she is allowed dower out of ma ney the proceeds of real estate sold by order of court, or by the wrongful act of an agent or trustee. 14 Pick. Mass. 345 ; 11 Ala. N. s. 33; 3 Sandf. Ch. N. Y. 434 ; 12 B. Monr. Ky. 172 ; 7 Humphr. Tenn. 72.
Her claim for dower has been held not subject to mechanics' liens. 7 Mete. Mass. 157 ; 8 Ill. 511 ; 8 Blackf. Ind. 252; 1 B. Monr. Ky. 257.
She is not entitled to dower in an estate pur auter vie, 5 Cow. N. Y. 388, nor in a vested remainder. 5 N. H. 240, 469 ; 10 id. 403 ; 2 Leigh, Va. 29 ; 12 id. 248 ; 5 Paige, Ch. N. Y. 161 ; 1 Barb. N. Y. 500.
In some states she has dower only in what the husband died seised of. 6 McLean, C. C. 442 ; 1 Root, Conn. 50 ; 2 No. C. 253.
7. Requisites of. Three things are usually said to be requisite to the consummation of a title to dower, viz.: marriage, seisin of the husband, and his death. 4 Kent, Comm. 36.