Dower in United States
Dower Definition
(Fr. doner, 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. Co. Litt. 30a; 2 Bl. Comm. 130; 4 Kent, Comm. 35; Washb. Real Prop. 146. The word dower has reference to real estate only. 86 Me. 216. It has three stages: (1) Inchoate, from marriage to the death of the husband; (2) consummate, from the death of the husband to admeasurement; and (3) assigned from the time when it is set off to the vadow. Stew. Husb. & Wife, §§ 262-264. There were five species of dower in England :
(1) Dower by custom, where a widow became entitled to a specified portion of her husband’s lands in consequence of some local or particular custom.
(2). Dower ad ostium ecclesiae, where a man of full age , on coming to the church door to be married, endowed his wife of a certain portion of his lands.
(3) Dower ex assensu patris, which differed from dower ad ostium ecclesiae only In being made out of the lands of the husband’s father, and with his consent.
(A) 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 lands she might hold as guardian in socage, and thus release from dower the lands of her husband held in chivalry. This was abolished along with the military tenures, of which it was a consequence. 2 Bl. Comm. 132, note.
(5) Dower bjr 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 yas 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 England (3 & 4 Wm. IV. c. 105), all these species of dower, except that by custom and by the common law, have ceased to exist. 2 Sharswood, ‘ Bl. Comm. 135, note. 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 Washb. Real Prop. 149.
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Dower | Dower in the European Legal Encyclopedia. |
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Dower | Dower in the Australian Legal Encyclopedia. |
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Legal Issue for Attorneys
(Fr. doner, 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. Co. Litt. 30a; 2 Bl. Comm. 130; 4 Kent, Comm. 35; Washb. Real Prop. 146. The word dower has reference to real estate only. 86 Me. 216. It has three stages: (1) Inchoate, from marriage to the death of the husband; (2) consummate, from the death of the husband to admeasurement; and (3) assigned from the time when it is set off to the vadow. Stew. Husb. & Wife, §§ 262-264. There were five species of dower in England :
(1) Dower by custom, where a widow became entitled to a specified portion of her husband’s lands in consequence of some local or particular custom.
(2). Dower ad ostium ecclesiae, where a man of full age , on coming to the church door to be married, endowed his wife of a certain portion of his lands.
(3) Dower ex assensu patris, which differed from dower ad ostium ecclesiae only In being made out of the lands of the husband’s father, and with his consent.
(A) 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 lands she might hold as guardian in socage, and thus release from dower the lands of her husband held in chivalry. This was abolished along with the military tenures, of which it was a consequence. 2 Bl. Comm. 132, note.
(5) Dower bjr 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 yas 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 England (3 & 4 Wm. IV. c. 105), all these species of dower, except that by custom and by the common law, have ceased to exist. 2 Sharswood, ‘ Bl. Comm. 135, note. 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 Washb. Real Prop. 149.
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Notice
This definition of Dower Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Practical Information
Note: Some of this information was last updated in 1982
An allowance the law gives a widow from the real estate of her deceased husband and for her support and the care of the children. Whether or not a widow is entitled to dower depends on the law of the state where the real estate is situated. See curtesy (in U.S. law).
What is Dower?
For a meaning of it, read Dower in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Dower.
See Also
Dower And Curtesy in this Legal Encyclopedia
Dow
er And Curtesy definition in the Law Dictionary
Resources
See Also
Premarital Agreement.
Further Reading (Articles)
Dower’s Shots Are Still Falling, The Seattle Times (Seattle, WA); March 20, 2014; Withers, Bud
DOWER POWER AT GONZAGA; Sophomore forward on 6-game roll, The Spokesman-Review (Spokane, WA); January 5, 2012; Jim Meehan
Charlie Dowers ; Falls Christian; Year: Senior; Sport: Football; Position: Defensive back, The Spokesman-Review (Spokane, WA); November 4, 1999; Tom Skierka Correspondent
NEW POWER SOURCE Dower Worked Hard in Offseason with Eye on Bigger Role, The Spokesman-Review (Spokane, WA); October 2, 2013; Meehan, Jim
DOWER LOOKS TO GET BACK TO NORMAL GU Senior Forward Unsure of Status for WCC Opener, The Spokesman-Review (Spokane, WA); December 27, 2013; Meehan, Jim
Post Executive John Dower, 82, Dies; Vice President for Public Relations, The Washington Post; January 27, 2000
Dower Doctrine Protects Both Husband and Wife, The Washington Post; November 20, 1993; Benny L. Kass
ZAGS STOP SLIDE; Dower’s career night helps end loss streak, The Spokesman-Review (Spokane, WA); January 30, 2011; Jim Meehan
Dower Law Protection, The Washington Post; March 12, 1988; Benny L. Kass
DOWER DAZZLES IN WIN Bulldogs Senior Scores 21 with 17 Rebounds as Gonzaga Dominates Bryant to Open Season, The Spokesman-Review (Spokane, WA); November 10, 2013; Meehan, Jim
Dower 3-Pointer Rescues Gonzaga, The Spokesman-Review (Spokane, WA); January 30, 2014; Meehan, Jim
PROMINENT HISTORIAN AND AUTHOR JOHN W. DOWER TO DELIVER NEXT W. BRUCE LINCOLN LECTURE, US Fed News Service, Including US State News; September 9, 2011
Michigan Court of Appeals says dower law doesn’t violate equal protection, Lawyers USA; April 23, 2007
Charles Jackson “Jack” Dower, Yakima Herald-Republic; October 19, 2005; Obit Clerk
DOWER AND LAHIRI WIN PEN PRIZES, The Boston Globe (Boston, MA); March 6, 2000; Michael Kenney, Globe Staff
Dower, Canadian Encyclopedia; January 1, 2012; M.M. LITMAN and B.H. ZIFF
WCC CHAMPS COLLECT HONORS Pangos, Dower Jr., on Men’s First Team; Karnowski HM, The Spokesman-Review (Spokane, WA); March 4, 2014; Meehan, Jim
Dower chests held the hopes of brides-to-be, Chicago Sun-Times; June 19, 1988
Dower, Laura 1967- (Jo Hurley), Contemporary Authors; January 1, 2008
Thomas W. Dower, 92, Chicago banker and businessman, Chicago Sun-Times; January 27, 1986