Uses To Bar Dower

Uses To Bar Dower in United States

Uses To Bar Dower Definition

When a conveyance of land is made in England to a person who was married to his present wife on or before the first of January, 1834, and he wishes to prevent her right to dower from attaching to the land, it is conveyed to the following uses: (1) To such uses as the purchaser shall appoint; (2) in default of appointment, to the use of him and his assigns during his life; (3) in the event of the determination of that estate, by forfeiture or otherwise, in his lifetime, to the use of a trustee during the life of the purchaser, in trust for him; vrith (4) an ultimate limitation to his heirs and assigns forever. By this means, the purchaser has a full power of alienation, without having a greater estate in possession than an estate for life, to which the wife’s dower does not attach, and the intermediate estate of the trustee prevents the remainder in fee simple from vesting in the purchaser in possession, and so becoming liable to dower, by any accidental merger of the life estate. See Williams, Real Prop. 305, and Append. (D). See, also, “Dower.”

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Legal Issue for Attorneys

When a conveyance of land is made in England to a person who was married to his present wife on or before the first of January, 1834, and he wishes to prevent her right to dower from attaching to the land, it is conveyed to the following uses: (1) To such uses as the purchaser shall appoint; (2) in default of appointment, to the use of him and his assigns during his life; (3) in the event of the determination of that estate, by forfeiture or otherwise, in his lifetime, to the use of a trustee during the life of the purchaser, in trust for him; vrith (4) an ultimate limitation to his heirs and assigns forever. By this means, the purchaser has a full power of alienation, without having a greater estate in possession than an estate for life, to which the wife’s dower does not attach, and the intermediate estate of the trustee prevents the remainder in fee simple from vesting in the purchaser in possession, and so becoming liable to dower, by any accidental merger of the life estate. See Williams, Real Prop. 305, and Append. (D). See, also, “Dower.”

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This definition of Uses To Bar Dower is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.


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