dowable of all lands of which the husband was seised during the coverture. By the statute as adopted in Connecticut the right of dower was restricted to the estate of which the husband was seised at the time of his death. The first section reads as follows: Every married woman living with her husband in this State, or absent elsewhere from him with his consent, or through his meer Default, or by inevitable Providence; or in case of Divorce where she is the innocent party, that shall not, before marriage, be estated by way of jointure in some Houses, Lands, Tenements, or Hereditaments for Term of life; or with some other estate in lieu thereof, shall immediately upon and after the death of her husband, have right, title, and interest, by way of dower, in and unto one-third part of the real estate of her said deceased husband, in houses and lands which he stood possessed of in his own right at the time of his decease, to be to her during her natural life; the remainder of the estate shall be disposed of according to the will of the deceased; and when there is no will according law.1 The same act, as subsequently revised, provided a mode for the speedy assignment of dower; forbid waste, and declared the remedy in such cases. In 1699 the Massachusetts act of 1692, providing for the distribution of intestate estates, was adopted. This act contained a saving of the widow's "dower or thirds in the houses and lands during her life," where she had not been otherwise endowed before marriage.1 Dower was also protected in insolvent estates. In 1794 an amendment was made conferring upon judges of probate power to order the assignment of dower. The material provisions of these enactments are still in force." 9. New Jersey.-In East Jersey, in 1682, it was provided that the estate of a feme covert might be conveyed by deed acknowledged in the Court of Common Right, the wife declaring upon such examination that she signed it freely, without threats or compulsion of her husband. By a subsequent act 1 Stat. Conn. (1796,) p. 146, 1; Stat. Conn. (1808,) p. 239, and note; Stat. Conn. (1821,) p. 180, and note; Stat. Conn. (1838,) p. 188; Rev. Stat. 1849, p. 276; Comp. Stat. 1854, p. 382. 222 2, 3, 4. The 2d section was passed in Oct. 1736; the 3d section was in the original revision of 1672; the 4th section was introduced in the revision of 1702. Stat. Conn. (1808,) p. 240, notes. 3 Stat. Conn. (1808,) 265, and note, p. 266. 4 Ibid. 12; see p. 267, 16, and note 13. 5 Stat. Conn. (1808,) pp. 275-6. 6 Stat. Conn. (1796,) p. 148; Stat. Conn. (1808,) p. 240. 7 See Comp. Stat. 1854, p. 382, ch. 3; p. 498, 40; p. 499; p. 504, 59. [Public Acts 1875, p. 376. The law has since been modified by the Act of March 16, 1877. See infra, p. 590, note.] this acknowledgment might be made before a judge of any court of record in the Province. An amendatory act relating to descents, passed May 24, 1780, contained a saving clause that none of the provisions thereof should affect marriage settlements, jointures, nor the widow's "right of dower." In 1795 the widow was authorized to bequeath crops growing on the lands assigned her in dower;3 and a year later it was enacted that her right should not be barred by the conviction of the husband of any crime or offence against the State. "An act relative to dower" was passed January 31, 1799, the first section of which is as follows: The widow, whether alien or not, of any person dying intestate, or otherwise, shall be endowed for the term of her natural life, of the one full and equal third part of all the lands, tenements, and other real estate whereof her husband, or any other to his use, was seised of an estate of inheritance at any time during the coverture, to which she shall not have relinquished or released her right of dower by deed executed and acknowledged in the manner prescribed by law for that purpose. The widow was to remain in the mansion house of her husband until her dower was assigned; a remedy was given her in case she was deforced of her dower, or it was unfairly assigned her, or was not assigned within forty days from the death of her husband; judgment against the husband by default, or a collusive recovery against him, was not to impair her right; provision was also made for the admeasurement and assignment of dower. Many of the material provisions of this statute are still in force in New Jersey.10 ..... 371. It 1 Fields' Prov. Courts of N. J. 206, citing "Grants and Concessions," pp. 235, The same writer says: "Our fathers brought with them the common law. was their birthright—their inheritance; and they transplanted it, along with themselves to this congenial soil, where it at once took root and flourished. lus ample folds covered all the nakedness of our provincial enactments. Its abundant resources supplied all their deficiency." Ibid. pp. 15, 16. The act of Decr. 2, 1743, also declares "how the estate or right of a feme covert may be conveyed or extinguished." Acts of General Assembly, by Allison, p. 132. 2 Laws of N. J. by Paterson, pp. 43, 44, 4; see, also, Act of 1817, Laws of N. J. by Justice, p. 610, 7; Stat. N. J. (1847,) 340. 3 Laws of N. J. by Paterson, 192. Act of 1796, 75; Laws of N. J. by Paterson, p. 221; Laws of N. J. by Justice, 263; Stat. N. J. (1847,) 284. 5 Stat. Conn. (1808,) pp. 275-6. 6 Paterson, p. 343, 2. 7 Paterson, 343, 3. 9 Nixon's Dig. 209, "Dower." 10 Ibid. [See Rev. Stat. N. J. 1877, p. 324.] s Ibid. 5. 10.-New York.-The first Colonial Assembly of New York met in 1683. The acts of this body are not found in any edition of the statutes extant, and but few of them have been preserved. Among the number rescued from oblivion, however, is "The Charter of Libertys and Privileges granted by his Royal Highness to the Inhabitants of New York, and its Dependencies," passed October 30, 1683. The following are among the provisions contained in this enactment: Thatt no Estate of a ffeme covert shall be sold or conveyed hutt by deed acknowledged by her in some Court of Record, the woman being secretly exam ined, if shee doeth itt freely without threats or compulsion of her husband. Thatt a widdow, after the death of her husband, shall have her dower, and shall, and may tarry in the chiefe house of her husband forty days after the death of her husband, within which forty days her dower shall bee assigned her, and for her dower shall bee assigned unto her the third part of all the lands of her husband during coverture, except shee were endowed of lesse before marriage.1 The foregoing provision relating to a separate examination and acknowledgment by the wife, was re-enacted in identically the same language in the statute of May 6, 1691.2 In January, 1787, an act was passed regulating the right of dower, the first section of which is as follows: That a widow after the death of her husband shall give nothing for her dower, or her inheritance, which her husband and she held at the day of the death of her husband; and she shall tarry in the chief house of her husband forty days after the death of her husband, or until her dower be assigned to her; and she shall have in the meantime her reasonable sustenance out of the estate of her husband; and for her dower shall be assigned unto her the third part of all the lands of her husband, which were his at any time during the coverture.3 1 Laws of N. Y. (1813,) by Van Ness and Woodworth, vol. ii. Appendix, No. II., p. 5. "It is worthy of remark, that the Crown, in 1697, repealed a law very similar in its provisions to the preceding charter, &c., entitled 'An act declaring what are the rights and priviledges of their Majestyes subjects inhabiting within their province of New Yorke.' This act may be seen at large in Bradford's edition, pages 1, 2, 3, 4, &c., and was passed in 1691. Vide, also, Smith's History of New York, 76, in notes. It is presumed that the foregoing 'Charter of Libertys' shared the same fate, though no record has yet been met with, to ascertain the fact." Ibid. p. 6, note. note. 23 Rev. Stat. N. Y. App. No. I. p. 3; Bradford, p. 5. See, also, the preceding The act of 1691, however, contained no provision defining the right of dower. Act of Jany. 26, 1787; Laws of N. Y. (1813) by Van Ness and Woodworth, vol. p. 56, 1. The act of Feby. 23, 1786, to abolish entails, and regulate descents, contained a saving of dower; 1 Jones & Varick, p. 247, 4. i. The statute of 20 Hen. III. ch. 1, providing for the recovery of damages in case of deforcement of dower; the 3 Edw. I. ch. 49, relating to the abatement of the writ of dower unde nihil habet; the statutes of Westminster 2, and 13 Edw. I. ch. 4, guarding the widow against judgments by default, or collusive recoveries suffered by the husband; the 3 Edw. I. ch. 48, and 13 Edw. I. ch. 4, protecting the infant heir against collusive recoveries of dower, and prescribing the form of a writ to recover dower lost by the widow by default; the 13 Edw. I. ch. 7, authorizing a guardian to take out a writ of admeasurement of dower; the statute of Westminster 2, and 13 Edw. I. ch. 34, withholding dower from an adulteress; the statute of 27 Hen. VIII. ch. 10, § 6, relating to jointures; the 1 Edw. VI. ch. 12, § 17, giving dower notwithstanding the attainder, conviction, or outlawry of the husband, were also substantially incorporated with the same act. A statute, supplementary to the act of 1787, was passed April 7, 1806, relating principally to the mode of assigning dower, and directing in what courts proceedings therefor should be had.1 11. Delaware.-In the 35 of Charles II. (1683,) a law was passed with the following title: "How the estate of any person shall be disposed of at his death." It directed That whatsoever estate any person hath in this province, or territories thereof, at the time of his death, unless it appear that an equal provision be made elsewhere, shall be thus disposed of: That is to say, one-third to the wife of the party deceased, one-third to the children equally, and the other third as he pleaseth; and in case his wife be deceased before him, two-thirds go to the 1 Laws of New York, (1813,) by Van Ness and Woodworth, vol. ii. p. 60. A statute of New York, passed March 20, 1860, contained the following provisions :"10. At the decease of husband or wife, leaving no minor child or children, the survivor shall hold, possess, and enjoy a life estate in one-third of all the real estate of which the husband or wife died seised. "11. At the decease of the husband or wife intestate, leaving minor child or children, the survivor shall hold, possess, and enjoy all the real estate of which the husband or wife died seised, and all the rents, issues, and profits thereof, during the minority of the youngest child, and one-third thereof during his or her natural life." Laws of N. Y. 83 sess. ch. 90, p. 159. This law did not, in terms, expressly repeal the dower act contained in the Revised Statutes, and while it was in force it was an unsettled question whether the interest in the husband's property thereby given to the widow, was intended to be in lieu of, or in addition to her dower. The sections above quoted, however, were repealed in 1862. Act of April 10, 1862; Laws of N. Y. 85 sess. p. 344, 2. children equally, and the other third to be disposed of as he shall think fit, his debts being first paid.1 By a subsequent section it was provided that one-third the personal estate of an intestate should go to his wife : And further, one-third of his lands and tenements to his wife during her natural life; the remainder, together with the other two-thirds, to his children.2 If there were no child, the widow was to have a moiety of the real estate for life. 12. In 1693 (5 Will. and Mary) was passed "the law about testates and intestates estates." It directed that all real and personal estates held by any person at the time of his death should be sold for the payment of debts, and such sale was declared to be "conclusive against such deceaseds and their heirs, and all claiming under them." If the personal estate was sufficient to discharge the debts and expenses of administration, then the real estate of testators was to go as devised by them, "and one-third part of all intestates lands and tenements to the wife for her life;" the residue to the heirs. Under this law the right of dower was not only made subordinate to the claims of creditors, but subject, also, to the husband's power of disposition by will. This was remedied in 1697, when, in an act similar in most respects to that of 1693, a limitation was placed upon this power of the husband, and it was required "that no less than one third part of the said real estate be allowed and invested in the widow during her natural life, except where due and equivalent provision hath been made before by the testator." The act of 1721 provided, in like manner, for the sale of estates real and personal for the payment of debts, and the maintenance and education of the children, saving, however, dower in lands of which a husband died seised and intestate, and excepting from its operation lands conveyed by way of marriage settlement. By an act of 1766, no will made by the husband prior to the marriage was to affect the right of dower, but as to the wife of such marriage the testator was to be regarded as dying 1 Laws of Del. vol. i. Appendix, p. 16, 109. 2 Ibid. 172. The eldest son was to have a double share. 3 Laws of Del. vol. i. App. p. 20, 14. Ibid. p. 24, 4; again in 1700, Ibid. p. 26, chap. 6, a., 31; substantially reenacted in 1706; Ibid. p. 50, chap. XV. a. 5 Laws of Del. vol. i. p. 55, ch. XXXI. a.; substantially re-enacted in 1742; Ibid. p. 62, ch. CI. a. VOL. I-3 |