In most of the older States, however, the com mon-law dower is still retained. In the absence of statutory changes there are several ways in which dower may be barred. These are: (1 ) By an absolute divorce. In the absence of statu tory qualifications such a divorce bars dower whether it was obtained because of the miscon duct of the husband or for that of the wife. But in some of the States if the wife obtain the divorce for the misconduct of the husband, she does not thereby lose her dower right. (2) If the wife join in the deed by which her husband conveys real estate, she will be thereby barred of dower. It is in order to secure this result that the wife commonly joins in her husband's conveyance. (3) If the wife induce any one to purchase her husband's real property by rep resenting to him that she has no dower rights in such property, she will be estoppel or pre cluded from subsequently claiming dower from that property against such purchaser or those who claim under him. (4) If the title of the husband be defeated, either while he lives or after his death, by one who claims under a para mount title, this will, in general. also defeat the wife's or widow's dower. (5) When. by the ex
ercise of the right of eminent domain, the State takes real estate from the husband and makes compensation to him for it, the wife's right of dower in the property so taken is barred. But she may follow the proceed-. or purchase money, and insist that her dower shall attach to that. So far as the right of dower is still recognized. it extends to equitable as well as to legal estates of inheritance. This has always been the rule in the United States and was made a part of the English law dower by the Dower Act, above referred to. See HUSBAND AND `WIFE: 1\1 A RRIED WOMAN; and, for the corresponding right of the husband in the inheritable property of the wife, see CURTEST.
BIBLIOGRAPHY. Blackstone. Commentaries on Bibliography. Blackstone. Commentaries on the Laws of England: Dig*, An Introduction to the History of the Law of )7,0 (5th ed.. London. 1897) Jenks, .1lod‘rn Land Late (Oxford. IS99) : Kent, Commentaries on Ameri can Late (12th ed., Boston. IS731: Washburn, A Treatise On the American Lame of Prat Prop erty (6th ed.. Boston. 1902) : Seribner. The Late of Dower: Pollock and Maitland. History of English. Lair (2cled., London and Boston. 1,999).