The Widow's Right Of Dower

Judre Parrish's paper road before the West Michigan Fanner's club last wttt : Tlie provisión wliich the luw makes for a widow out of the lands of tenrment of ber husband for her tuppolt and nurture of childrcn is clled dower. Her right to dower is always detcrmincd by the law of the place where the property situated. Wc have a Rtstute in i viry state npon tlie subjrct. I shall therefore le obiljrcd to tpeak iipon the comraon law aspect of tilia subject, piomi.-in;; however, tliat all our statu tos are fouoded upan the nominon law, and in the appllcation are more or les Mgulated bj thi" rules of the coitimon luw. In ancieiit times thcrc was no provisión made by luw for the wite on the death of her husband except snch as he made by will or otlicrwise. Indeed the husband was pprmitted not only to difpose of bis property by will, wherc wills were perra Itted, btit he could, aUo. dispose of his wife by will. The more liberal provisión for the wiilow, in modern times, was attributable to the extentions of the Cbristian church. The church never relaxed its solicitude for wives gurrivinjr their husband and in the eouree of time after a most arduous strujïele, after exuctlng for two or three centuries :ind exprens proniise from the husband at marriage to endow his wife, the church at lenjrth succeded in engraftinj: the principie of dower upon tlie ciiatomary law of western Eurpc. The right of dower is defincii to be the rifrlit of the widow to the use and enjoyment, for her life. of one-third of all the real estáte in wliich the husband w hs seized of an estáte of inheritance at any time durinjr the coverture. This right cannot be divested by any act of the husband, nor by liis creditors, even if the es tate he insolvent, nor is it barred by hls bankruptcy. It m;iy be barred or lost by the act of the wife in the followinp w:iys: 1. Byjointure, or the conveyanco to her of other lund, atceptwcl by her in lieu thereof. '2. By her accoptanoe of a pecan la ry provi.tion in lieu thereof. ThU must be such as bhe can take and enjoy after his death. i. By her accepUnce of a provisión of her lmsoand's will condition to be In lieu thereof. 4. By her joiniiijf in a deed of lands with her nusbund. 5. Uy absolute dirorce for her misconduct. 6. By equltable estoppel. In most of the state6 a wife n entltled to ¦ l....r..,. ... „.il.l I ii n Am, íiUy. lia.-, Uifnrtci, ni rijilit of dower in a pre-emption claim. In reference to her husbaiid's Interest in the contract if at his death he was in h condition to euforow epepitif nei foi nmiin' If her interest in sucli coutracts dm been RHlgoed betore his death, or forfeited, or taken on execution, her dower right is ilfftatecl. Sometimes a widow is allowed dower out of mouey, the proeeeds of real estáte sold by order of court, or by the vrrongfu] act of an a:ent. Dower does not exist hs :if;ainst a purchiise-moncy mortgage mude diirinjr the marriage, nor ngalnst ;iiust a mortgajte executcd by the husband belore marriage. If llie wite joins the husbund In a deed to release her dower, and the deed is set aside asfrnudulent, her right of dower is not barred. Uut if the wife, to release her dower, joins her husband in a deed, snd suffer the deed to be dellveied, she cannot avokl it on the grouud of fraud or undue intluenoe on tlie part of the husband, if the grantee was innocent and the wife was of -urticicut iuutül cupacity, and there duress or misrepresentatioii to i nature of the inntrumunt. The widow's right to hare dower set out to lier accrues immediately upon the death of he husband, but until it is a signet] she has no right to any tpeolfl part of the estatf. In most of the states she is allowed to occupy the honitstead for a certain time aflcr the death of her husband. A married woman cannot release her dower by parol, that is, veibully. Her it'lease must be by deed acknowledjed, ind tbat.too, in the way pointed out Hv inw.