APPENDIX. 3 & 4 WILL. IV. CAP. CV. AN ACT for the Amendment of the Law relating to Dower. [August 29, 1833.] Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present parliament assembled, and by the authority of the same, That the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall, in this act, except where the nature of the provision or the context of the act shall exclude such construction, be interpreted as follows: (that is to say,) the word "land" shall extend to manors, advowsons, messuages, and all other hereditaments, whether corporeal or incorporeal (except such as are not liable to dower), and to any share thereof; and every word importing the singular number only, shall extend and be applied to several persons or things as well as one person or thing. II. And be it further enacted, That when a husband shall die beneficially entitled to any land for an interest which shall not entitle his widow to dower out of the same at law, and such interest, whether wholly equitable, or partly legal and partly equitable, shall be an estate of inheritance in possession, or equal to an estate of inheritance in possession (other than an estate in joint tenancy), then his widow shall be entitled in equity to dower out of the same land. III. And be it further enacted, That when a husband shall have been entitled to a right of entry or action in any land, and his widow would be entitled to dower out of the same if he had recovered possession thereof, she shall be entitled to dower out of the same, although her husband shall not have recovered possession thereof; provided that such dower be sued for or obtained within the period during which such right of entry or action might be enforced. IV. And be it further enacted, That no widow shall be entitled to dower out of any land which shall have been absolutely disposed of by her husband in his lifetime, or by his will. V. And be it further enacted, That all partial estates and interests, and all charges created by any disposition or will of a husband, and all debts, incumbrances, contracts, and engagements to which his land shall be subject or liable, shall be valid and effectual as against the right of his widow to dower. VI. And be it further enacted, That a widow shall not be entitled to dower out of any land of her husband when, in the deed by which such land was conveyed to him, or by any deed executed by him, it shall be declared that his widow shall not be entitled to dower out of such land. VII. And be it further enacted, That a widow shall not be entitled to dower out of any land of which her husband shall die wholly or partially intestate when, by the will of her husband, duly executed for the devise of freehold estates, he shall declare his intention that she shall not be entitled to dower out of such land, or out of any of his land. VIII. And be it further enacted, That the right of a widow to dower shall be subject to any conditions, restrictions, or directions which shall be declared by the will of her husband, duly executed as aforesaid. IX. And be it further enacted, That where a husband shall devise any land out of which his widow would be entitled to dower if the same were not so devised, or any estate or interest therein, to or for the benefit of his widow, such widow shall not be entitled to dower out of, or in any land of her said husband unless a contrary intention shall be declared by his will. X. And be it further enacted, That no gift or bequest made by any husband to or for the benefit of his widow, of or out of his personal estate, or of or out of any of his land not liable to dower, shall defeat or prejudice her right to dower, unless a contrary intention shall be declared by his will. XI. Provided always, and be it further enacted, That nothing in this act contained shall prevent any court of equity from enforcing any covenant or agreement entered into by, or on the part of any husband not to bar the right of his widow to dower out of his lands, or any of them. XII. And be it further enacted, That nothing in this act contained shall interfere with any rule of equity, or of any ecclesiastical court, by which legacies bequeathed to widows in satisfaction of dower are entitled to priority over other legacies. XIII. And be it further enacted, That no widow shall hereafter be entitled to dower ad ostium ecclesiæ, or dower ex assensu patris. XIV. And be it further enacted, That this act shall not extend to the dower of any widow who shall have been or shall be married on or before the first day of January, one thousand eight hundred and thirty-four, and shall not give to any will, deed, contract, engagement, or charge, executed, entered into, or created before the said first day of January, one thousand eight hundred and thirtyfour, the effect of defeating or prejudicing any right to dower. INDEX. ABATEMENT, of freehold, when prevented by possession of tenant for years, 256, 264. during coverture will not defeat dower, 263, 264. of ancestor's lands before marriage of the heir, prevents dower unless the heir ABATOR, estate of, subject to dower until avoided, 267, 268, 290, 369. AD OSTIUM ECCLESIÆ, mode of endowment, 14, 15. effect of special assignment, 15. no further assignment necessary, 17, 18. rule where there was no special assignment, 15, 16. effect of engagement to endow the wife of future acquisitions, 15. when wife might recover from purchaser after the husband's death, 16. dower, abolished in England, 18, 19, Appendix, 655. never prevailed in the United States, 19. ADVANCEMENTS, when sustained against a dowress in Tennessee, 622. ADVOWSON, when subject to dower, 199. AFFINITY, marriage contracted within prohibited degrees of, voidable at common law, 115, in England and in several of the States such marriage void now, by statute, ALABAMA-(Continued.) re-enactment of Virginia statute of 1785, 403. in complete equity, 401, 421, 432. not in imperfect equity, 439. full payment renders equity complete, 439. ALFRED, nor impaired by the insolvency of his estate, 432. laws of, 8. ALIENS, who are, at common law, 151. may hold lands by purchase or devise until office found, 151. can not take by descent, 151. nor other title created by operation of law, 151. not entitled to dower, 152. wives of, not dowable, 152. modification of this rule in time of Henry V., 152. alien women married to Englishmen by license of the king, rendered modification of common-law rule by statute 7 & 8 Victoria, ch. 66, 152. at common law, rendered dowable by naturalization or denization, 145. in the several States, 156-184. Acts of Congress for naturalization of, 184, 185. ALIENAGE, at common law, 151–153. disability of, removed by naturalization or denization, 153. in the several States, 156-184. State legislation on the subject of, local, 184. ALIENATION, of the wife's dower lands by the husband, 16. by joint tenant does not render his wife dowable, 269, 336, 337. by the husband before marriage, prevents dower from attaching, 583. rule where the alienation does not become fully operative until after marriage, 583, 584. by the doctrine of relation, 583, 584. exchange executed by entry, 584. execution of power of appointment, 584. by tenant in tail, when void and when voidable, 585, 586. nor by voidable conveyance if avoided during coverture, 585. on the day of marriage, dower takes precedence of, 585. by the husband during coverture. dower not affected by, 603-605. except where the estate is exempt from dower at the time, 605, 606. instances in which the wife is concluded, 605-649. modification of the common law in England, 614, 615. statutory changes in the United States, 616, 617. |