In his lands she has her right of dower, or "thirds, " as it is frequently spoken of among laymen. Many erroneously suppose that a widow's dower consists of a one third part of all her husband's real property, but what it really means is that she is entitled to receive during her life an equal third part of all the rents and revenues from the lands. It is a charge created by law on the real property of her husband, and is superior to all other subsequently accruing rights. It attaches not to her husband's general estate, but to specific property and is carved out of it. To the extent of this right she is given an action at law to enforce it against the heirs to whom the property has descended. She may also elect to accept a present gross sum in lieu of the rents to accrue, and may compel a sale of the property for the purpose of paying such gross sum out of the proceeds. This dower right, during the husband's lifetime, is what is called inchoate or contingent; but, nevertheless, it is so far confirmed in the wife that no act of the husband, by will or deed, can deprive her of it without her consent. She may, however, release it, and it may be lost in a number of ways, as by joining with her husband in a deed of the land, or by the foreclosure of a mortgage on the land, executed by both husband and wife. It is not dependent upon a continu

ance of the marriage relation, and is, therefore, not affected by divorce, unless the decree was granted for her misconduct. (See post § 81.)

The widow is also entitled to what is known as her quarantine, a very ancient institution, which is the right to tarry in the chief house of her husband for the period of forty days after his death without being liable for rent, and to reasonable sustenance out of his estate in the meantime. At the expiration of the period, the right ceases and the heir may expel her.

Her interest in her husband's personal property depends upon the circumstances of each case. If the intestate leaves no children, parents, brothers or sisters, nieces or nephews, she takes it all. Where there are children she is entitled to one third. If only the widow and a parent survive, the former takes a half of the personalty, and, finally, if the only next of kin are "brothers and sisters, nephews and nieces," the widow receives one half and out of the balance an amount up to two thousand dollars.

In addition to these provisions for her benefit, the statute provides that certain articles of personal property shall be exempt from the claims of the husband's creditors, and shall be set apart for the benefit of the widow and children. It is declared that if a man having a family die leaving

a widow or minor children, certain enumerated items of personal property, consisting generally of household articles, farm animals, etc., too numerous to be mentioned here, shall be devoted to the use of the widow and children. If any of the articles specified does not exist, of course it cannot be set apart, nor is the widow entitled to any allowance in lieu thereof. But if they are found to exist, the right to them is absolute and may be enforced. It cannot be defeated by will or otherwise without the widow's consent, and if the executor or administrator should unlawfully dispose of any of the articles she will be awarded its value out of the general estate. She may, however, be required by her husband's will to choose whether she will take the exempt articles or a legacy given to her in lieu thereof, and she may release her rights by agreement.

65. Rights of husband.

The husband is entitled to curtesy in his wife's real property, which is the counterpart of dower. Curtesy is a freehold estate for life in the lands of which his wife was the owner during the marriage, provided only that a child of that marriage was born alive. It arises as an inchoate right instantly on the birth of such issue and attaches to all lands which the wife then owns or may thereafter own.

The necessary requisites are, (1) a valid marriage, (2) ownership and possession of the land, (3) birth of issue, and (4) death of wife before the husband. It is a very ancient institution of English origin, and was imported into this country as a part of the common law, and although in some of the states it has been abolished or modified by statute, it has been fully recognized as existing in New York. It is something more than a mere charge on the land as dower is. It is a legal estate in the wife's real property which takes precedence of all other claims or estates in the same property, but, on the other hand, also unlike dower, the wife may defeat curtesy by a conveyance of the land, or by a will devising it. If, however, it takes effect, the husband is entitled to enter into possession and to the use of the rents and profits, but is liable for waste and other injury in the same way as any other tenant for life. During his wife's lifetime his rights may be released, either by a joint deed or by his separate instrument, and it may become barred by a decree of absolute divorce in favor of the wife, which has the effect of restoring to her all rights in her own property. If the husband dies in his wife's lifetime no interest in her lands survives his death.

By a recent statute in New York, a husband's share in the personal property of his wife is the

same as that of a widow in the like estate of her deceased husband, and no more. This is a modification of the common law which makes the share of the husband in his wife's personal property depend entirely upon whether any children. or other descendants are living. If so, he is entitled to exactly the same distributive share as a widow is given, under the same circumstances, in her husband's personal estate; but if the wife dies intestate, without leaving surviving descendants, he takes her entire personal property. By the common law, marriage passed to the husband all the goods and chattels which the wife then owned and which she acquired during their joint married life. They became his absolute property, and if the wife died first, they simply continued to be his as they were before.

The only remaining interest which he has in his wife's personal property is under the statute which gives to him the same exempt articles which the wife takes upon the death of her husband.

66. Shares of descendants.

The word descendants, as used in the various statutes of descent and distribution, refers to and includes children, grandchildren, and so on, in whatever degree of relationship to the intestate. Subject to their mother's right of dower, or their