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Assignment of Dower

widow, heir and washb

ASSIGNMENT OF DOWER. The act by which the 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 seized of the lands subject to dower ; Pierce v. Williams, 3 N. J. Law, 709 ; Meserve v. Meserve, 19 N. H. 240; Blood v. Blood, 23 Pick. (Mass:) 80; Shattuck Y-1 Gragg, id. 88 ; McRae v. Pegues, 4 Ala. 160 ; Baker v. Baker, 4 Greenl. (Me.) 67; Boyers v. Newbanks, 2 Ind. 388 ; Tudor, Lead. Cas. 51; or it may be made after a course of ju dicial proceedings, where a voluntary as signment is refused. In this case the as signment will be made by the sheriff, who will set off her share by metes and bounds ; 2 Bla. Com. 136 ; 1 Washb. R. P. 229. The assignment should be made within forty days after the death of the husband, during which time the may remain in the mansion-house. See Pharis v. Leach man, 20 Ala. 662 ; Chaplin v. Simmons' Heirs; 7 T. B. Monr. (Ky.) 337 ; Stedman v. For tune, 5 Conn. 462 ; 1 Washb. R. P. 222, n. 227; QUARANTINE. The share of the widow is usually one-third of all the real estate of which the husband has been seized during coverture ; and no writing or livery is nec essary in a valid assignment, the dowress being in., according to the view of the law,

of the seisin of her husband.

The assignment of dower in a house may be of so many rooms, instead of a third part of the house ; Parrish v. Parrish, 88 Va. 529, 14 S. E. 325. The remedy of the widow, when the heir refuses to assign dower, is by a writ of dower unde nihil habet; 4 Kent 63. A conveyance by a widow of her right of dower before it has been allotted does not vest the legal title in the grantee, and she is a necessary party to enforce the allotment; Parton v. Allison, 111 N. C. 429, 16 S. A 416; see id., 109 N. C. 674, 14 S. E. 107. 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 ; Mc Cormick v. Taylor, 2 Ind. 336 ; Jones v. Brewer, 1 Pick. (Mass.) 314; Co. Litt. 34, 35; Fitzh. Nat. Br. 148; Stat. Westm. 2 (13 Edw. I.) c. 7 ; 1 Washb. R. P. 222; 1 Kent 63, 69.