Extracted From:
   A LAW DICTIONARY ..., SIXTH EDITION, 1856
   by John Bouvier
   CHILDS & PETERSON, PHILADELPHIA

DOWER. An estate for life, which the law gives the widow in the third part of
the lands and tenements, or hereditaments of which the husband, was solely
seised, at any time during the coverture, of an estate in fee or in tail, in
possession, and to which estate in the lands and tenements, the issue, if any,
of such widow might, by possibility, have inherited. Watk. Prin. Con. 38; Litt.
Sec. 36; 7 Greenl. 383. Vide Estate in Dower. This is dower at common law. 
   Besides this, in England there are three other species of dower now
subsisting; namely, dower by custom, which is, where a widow becomes entitled to
a certain portion of her husband's lands in consequence of some local or
particular custom, thus by the custom of gavelkind, the widow is entitled to a
moiety of all the lands and tenements, which her husband held by that tenure. 
   Dower ad ostium ecclesiae, is, when a man comes to the church door to be
married, after troth plighted, endows his wife of a certain portion of his
lands. 
   Dower ex assensu patris, was only a species of dower ad ostium ecclesice,
made when the husband's father was alive, and the son, with his consent
expressly given, endowed his wife, at the church door, of a certain part of his
father's lands. 
   There was another kind, de la plus belle, to which the abolition of military
tenures has put an end. Vide Cruise's Dig. t. 6, c. 1; 2 Bl. Com. 129; 15 Serg.
& Rawle, 72 Poth. Du Douaire. 
   Dower is barred in various ways; 
   -1. By the adultery of the wife, unless it has been condoned. 
   -2. By a jointure settled upon the wife. 2 Paige, R. 511. 
   -3. By the wife joining her husband in a conveyance of the estate. 
   -4. By the husband and wife levying a fine, or suffering a common recovery.
10 Co. 49, b Plowd. 504. 
   -5. By a divorce a vinculo matrimonii. 
   -6. By an acceptance, by the wife, of a collateral satisfaction, consisting
of land, money, or other chattel interest, given instead of it by the husband's
will, and accepted after the husband's death. In these cases she has a right to
elect whether to take her dower or the bequest or devise. 4 Monr. R. 265; 5
Monr. R. 58; 4 Desaus. R. 146; 2 M'Cord, Ch. R. 280; 7 Cranch, R. 370; 5 Call,
R. 481; 1 Edw. R. 435 3 Russ. R. 192; 2 Dana, R. 342. 
   In some of the United States, the estate which the wife takes in the lands of
her deceased husband, varies essentially from the right of dower at common law.
In some of the states, she takes one-third of the profits, or in case of there
being no children, one half. In others she takes the same right in fee, when
there are no lineal descendants; and in one she takes two-thirds in fee, when
there are no lineal ascendants or descendants, or brother or sister of the whole
or half blood. 1 Hill. Ab. 57, 8; see Bouv. Inst. Index, h.t. 

DOWRESS. A woman entitled to dower.
   In order to entitle a woman to the rights of a dowress at common law, she
must have been lawfully married, her husband must be dead, he must have been
seised, during the coverture, of an estate subject to dower. Although the
marriage may be void able, if it is not absolutely void at his death, it is
sufficient to support the rights of the dowress. The husband and wife must have
been of sufficient age to consent. 
   At common law an alien could not be endowed, but this rule has been changed
in several states. 2 John. Cas. 29; 1 Harr. & Gill, 280.; 1 Cowen, R. 89; 8
Cowen, R. 713. 
   The dowress' right may be defeated when her husband was not of right seised
of an estate of inheritance; as, for example, dower will be defeated upon the
restoration of the seisin under the prior title in the case of defeasible
estates, as in case of reentry for a condition broken, which abolishes the
intermediate seisin. Perk. s. 311, 312, 317. 

DOWRY. Formerly applied to mean that which a woman brings to her husband in
marriage; this is now called a portion. This word is sometimes confounded with
dower. Vide Co. Litt. 31; Civ. Code of Lo. art. 2317; Dig. 23, 3, 76; Code, 5,
12, 20. 

DOWAGER. A widow endowed; one who has a jointure. 
   In England, this is a title or addition given to the widows of princes,
dukes, earls, and other noblemen. 

JOINTRESS or JOINTURESS. A woman who has an estate settled on her by her
husband, to hold during her life, if she survive him. Co. Litt. 46. 

JOINTURE, estates.. A competent livelihood of freehold for the wife, of lands
and tenements; to take effect in profit or possession, presently after the death
of the husband, for the life of the wife at least. 
   Jointures are regulated by the statute of 27 Hen. VIII. o. 10, commonly
called the statute of uses. 
   To make a good jointure, the following circumstances must concur, namely; 
   -1. It must take effect, in possession or profit, immediately from the death
of the husband. 
   -2. It must be for the wife's life, or for some greater estate. 
   -3. It must be limited to the wife herself, and not to any other person in
trust for her. 
   -4. It must be made in satisfaction for the wife's whole dower, and not of
part of it only.
   -5. The estate limited to the wife must be expressed or averred to be, in
satisfaction of her whole dower.
   -6. It must be made before marriage. 
   A jointure attended with all these circumstances is binding on the widow, and
is a complete bar to the claim of dower; or rather it prevents its ever arising.
But there are other modes of limiting an estate to a wife, which, Lord Coke
says, are good jointures within the statute, provided the wife accepts of them
after the death of the husband. She may, however, reject them, and claim her
dower. Cruise, Dig. tit. 7; 2 Bl. Com. 137; Perk. h.t. In its more enlarged
sense, a jointure signifies a joint estate, limited to both husband and. wife. 2
131. Com. 137. Vide 14 Vin. Ab. 540; Bac. Ab. h.t.; 2 Bouv. Inst. n. 1761, et
seq. 

DOWER UNDE NIHIL HABET. This is a writ of right in its nature. It lies only
against the tenant of the freehold. 12 Mass. 415 2 Saund. 43, note 1; Hen. &
Munf. 368 F. N. B. 148. 
   It is a writ of entry, where the widow is deforced of the whole of her dower.
Archb. Plead. 466, 7. 
   A writ of right of dower lies for the whole or a part. 1 Rop. on Prop. 430;
Steph. on Pl. 10. n; Booth, R. A. 166; Glanv. lib. 4. c. 4, 5; 9 S. & R. 367. 
   If the heir is fourteen years of age, the writ goes to him, if not, to his
guardian. If the land be wholly aliened, it goes to the tenant, F. N. B. 7, or
pernor of the profits, who may vouch the heir. 
   If part only be aliened, the writ goes to the heir or guardian. The tenant
cannot impart; 2 Saund. 44, n;. 1 Rop. on Prop. 430; the remedy being speedy.
Fleta, lib. 5. o. 25, Sec. 8, p. 427. He pleads without defence. Rast. Ent. 232,
b. lib. Int. fo. 15; Steph. Pl. 431 Booth, 118; Jackson on Pl. 819.

==== SCROOTS Mailing List ====