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CHAPTER 49.

OF ESTATES IN DOWER AND BY THE CURTESY.

SECTION

SECTION 1. Widow entitled to dower as at common 21. Widow responsible for waste. law.

22. Jointure, devise, &c., in lieu of dower, 2. Widow entitled to dower in trust estates. forfeited as dower. 3. Widow, how endowed of estate subject 23. Widow entitled emblements. to a mortgage or deed of trust.

24. Widow's quarantine. 4. How endowed of surplus, when sold. 25. When widows's right not affected by 5. When mortgagee's wife may be en- judgment against her husband ; saving dowed.

in favor of the heirs. 6. Widow dowable of a right of entry. 26. Extent of dower to be recovered against 7. Widow, how endowed in case of ex- heirs, devisees, or the assigns of either. change.

27. Same against one claiming under an 8. Dower ; how affected by divorce a vin

alienation of the husband. culo matrimonii.

28. On recovery of dower, widow entitled to 9. Dower barred by abandonment and living damages; or may have separate action in adultery.

for same. 10. Dower ; how barred by wife joining in 29. Measure of such damages as to value. conveyance with her husband or his

30. Measure as to time against the heir, guardian, &c.

devisee, &c. 11. Dower ; when barred by jointure. 31. Measure as to time against one claiming 12. Character of jointure of real eastate.

under alienation by husband. 13. Wife's assent to jointure; how evi- 32. On death of widow or tenant, recovery denced.

may be had by her executor, &c., or 14. Dower ; when barred by pecuniary pro

against his. vision.

33. Limitation on demand for dower. 15. Widow may elect as against jointure 34. Dower; how assigned or recovered.

or other provision made without her 35. Dower ; how assigned out of a mill or assent or during marriage.

other tenement which cannot be divided 16. Election ; how evidenced.

without loss. 17. Dower ; when barred by devise or be- 36. Dower ; how commuted, widow consentquest.

ing to sale of all the estate. 18. Form of widow's renunciation of devise 37. When husband entitled to curtesy or bequest.

38. When same barred by husband's aban19. When devise or bequest construed to be

donment. intended in lieu of dower.

39. Curtesy ; how affected by divorce a vin20. Widow evicted may be endowed anew. culo matrimonii.

SECTION 1. A widow shall be entitled, as heretofore, to her dower at common law.

Sec. 2. When any person to whose use, or in trust for whose benefit, another is seized of lands, hath such inheritance in the use or trust as would, were it a legal right, entitle his widow to dower, such widow shall have dower therein, and may, by the remedy proper in similar cases, recover the same.

Sec. 3. If a husband shall be seized of lands subject to any mortgage or deed of trust which is valid against his wife, she shall never... theless be entitled to dower in the encumbered premises, as against every person except the mortgagee or cestuy que trust, and those claiming under them; provided, that if the heir or other person claiming under the husband shall redeem such encumbrance, the widow shall either repay such part of the money paid by him as shall be equal to the proportion which her interest in the encumbered premises bears to the whole value thereof, or she shall, at her election, be entitled to dower only according to the value of the estate after deducting the money so paid for the redemption thereof.

Sec. 4. If, upon any such mortgage or deed of trust, the mortgagee or cestuy que trust, or those claiming under them, shall, after the death of the husband of such widow, cause the encumbered land to be sold, either by virtue of a judgment or under a power of sale contained in such deed of trust, and any surplus shall remain after payment or satisfaction of the encumbrance thereon and the charges of sale, such widow shall be entitled to the interest on one-third part of the surplus for her life, as her dower, or in lieu thereof.

Sec. 5. A widow shall not be endowed of lands conveyed to her husband by way of mortgage, unless during the marriage he acquire an absolute estate which finally bars the mortgagor's equity of redemption therein.

Sec. 6. When a husband or any one to his use shall have been entitled to any interest in land, and his widow would be entitled to dower out of the same if the husband or such other person had recovered possession thereof, she shall be entitled to dower although there shall have been no such recovery of possession.

Sec. 7. If lands subject to dower be exchanged for other lands, the widow shall not be entitled to dower of both, but shall make her election, to be endowed of the lands given or those taken in exchange; and if such election be not evinced by the commencement of proceedings to recover her dower of the lands given in exchange, within six months after the death of her husband and such exchange becomes known to her, she shall be deemed to have elected to take her dower of the lands received in exchange.

Sec. 8. In case of a divorce, a vinculo matrimonii—from the bonds of matrimony-on account of the misconduct of the husband, the wife shall be entitled to dower in like manner as if he were dead; but in case of such a divorce on account of the misconduct of the wife, she shall not be endowed.

Sec. 9. If a wife willingly leave her husband and live in adultery, she shall be barred of her dower, unless, subsequent to such conduct, her husband shall become reconciled to her, and suffer her to dwell with him again.

Sec. 10. A married woman may bar her right of dower in any estate conveyed by her husband by joining with him in the deed conveying the same, and therein releasing her claim to dower, or by releasing the same by a subsequent deed executed jointly with her husband; such deed in either case being executed and acknowledged by her, and certified as herein before prescribed by chapter forty-eight. She may in like manner bar her dower by joining with the guardian or trustee of her husband in the execution of any conveyance made under an order of the circuit court, or with the officer or trustee selling and conveying the real estate of the husband by virtue of an execution, judgment, or deed of trust.

Sec. 11. Whenever an estate in lands shall be conveyed to a person and his intended wife, or to such intended wife alone, or shall be conveyed in trust for such person and his intended wife, or in trust for such wife alone, for the purpose of creating a jointure for her benefit, such jointure, if assented to by the intended wife, shall be a bar to any right or claim of dower of such wife in any lands of the husband.

Sec. 12. Such jointure must not be less than a freehold estate in lands, for the life of the wife at least, to take effect in possession or profit immediately on the death of the husband.

Sec. 13. The assent of the wife to such jointure shall be evidenced, if she be of full age, by her becoming a party to the conveyance by which it shall be settled ; if she be an infant, by her joining with her father or guardian in such conveyance.

Sec. 14. Any pecuniary provision made for the benefit of an intended wife, and in lieu of dower, shall, if assented to as provided in the preceding section, bar her right of dower in all the lands of her husband.

Sec. 15. If any such jointure or pecuniary provision, in lieu of dower, be made before the marriage, and without the assent of the intended wife, or if it be made during marriage, it shall bar her dower, unless she shall, within six months after knowledge of her husband's death and of the existence of such jointure or provision, make her election to waive the same and receive her dower.

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Sec. 16. A widow entitled to an election under the preceding section, shall be deemed to have elected to waive such jointure or provision, if within the period mentioned in said section she shall enter on the lands to be assigned to her for her dower, or commence proceedings for the recovery or assignment thereof.

Sec. 17. A devise of lands, or any estate therein, or bequest of personal property, to the wife of the testator, or to any other person in trust for her, shall, if intended to be in lieu of dower, bar her of all right to the same, unless within six months after the authentication or probate of the will, she shall transmit to the orphans' court a written renunciation to the following effect : Sec. 18. I, widow of

late of

deceased, do hereby renounce all claim to any devise or bequest made to me by the will of my husband, exhibited and proved according to law, electing to take in lieu thereof my legal rights.

Sec. 19. Every such devise shall be construed to be intended in lieu of dower, unless it be otherwise expressed in the will, as also shall every bequest of personal property, except a specific bequest not exceeding in value the sum of five per cent. of the amount of the personal estate of the deceased, the same to be ascertained from the appraisement of the estate, as returned by the executor or administrator to the orphans' court, or by appraisers specially appointed by said court.

Sec. 20. If a woman be lawfully evicted of lands assigned to her as dower, or settled upon her as jointure, or is so deprived of the provision made for her by will, or otherwise, in lieu of dower, she may be endowed anew, in like manner as if such assignment, jointure, or other provision had not been made.

SEC: 21. If a woman commit or suffer waste in the lands held in dower or jointure, she shall be liable to an action by the heir or devisee, or by his guardian; and if she marry a second husband, he shall be answerable for any waste committed by her before marriage, or by himself; but taking fuel necessary for her own use and proper materials for the necessary repair of the buildings and fences on land of which she may be endowed, shall not be considered waste.

Sec. 22. Every jointure, devise, or other provision in lieu of dower, shall be forfeited by the woman for whose benefit it shall have been made, in the same cases in which she would forfeit her dower, and

shall immediately vest in others, as if her estate or interest had determined by death.

SEC. 23. Crops growing on the dower or jointure land of a widow at the time of her death may be bequeathed by her, and if not bequeathed, shall go to her executor or administrator, in like manner as crops growing on any other lands held for life.

Sec. 24. A widow may remain in the dwelling house of her husband forty days after his death, and until her dower is assigned ,without being chargeable to pay the heir or devisee rent for the same, and if deprived thereof, may, on complaint of unlawful entry or detainer, recover the possession with damages for the time she was so deprived.

Sec. 25. No widow shall be precluded from her dower or jointure by reason of the real estate whereof she claims the same having been recovered from her husband by a judgment if she would have been entitled to dower or jointure had there been no such judgment. Nor shall any heir, who was under the age of twenty-one years at the time dower was assigned to a widow, out of the lands of his ancestor, by his guardian, or by judgment by default or collusion against such guardian, be precluded from recovering the seizin of his ancestor from such widow, unless she show herself entitled to such dower.

Sec. 26. When a widow recovers dower of the heir or devisee of her husband, or the assigns of either, such recovery shall be of a third of the estate as it is at the time of the recovery, including improvements made by such heir, devisee, or assigns, and the increased value of the estate from other causes.

Sec. 27. When a widow recovers dower against one claiming under an alienation of the husband made in his lifetime, such recovery shall be of a third of the estate as it is at the time of the recovery, exclusive only of the permanent improvements made by the alienee.

Sec. 28. When, in an action brought for that purpose, a widow shall recover her dower, she shall be entitled also to recover damages for the with holding of such dower, or she may also maintain a separate action for the recovery of such damages.

Sec. 29. Such damages shall be one-third part of the annual value of the mean profits of the land, not estimating for the value of any permanent improvements made by the heir or devisee, or the assigns of either, after the death of the husband, nor for any such made by such alienee of the husband after the alienation.

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