APPENDIX No. II. THE LATE DOWER ACT. THE LATE DOWER ACT. Meaning of the words in the act. "Land." Number. Widows to be entitled to dower out of equitable estates. Seisin shall not be necessary to give title to dower. ANNO TERTIO ET QUARTO GULIELMI IV. REGIS. CAP. CV. An Act for the Amendment of the Law relating to Dower. [29th August, 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. THE LATE DOWER ACT. No dower out of estates disposed of. Priority to partial estates, charges, and specialty 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 debts. 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. Dower may be barred by a declaration in a deed. ration in the husband's will. VII. And be it further enacted, That a widow shall not be entitled Or by a declato 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. subject to restrictions. VIII. And be it further enacted, That the right of a widow to dower Dower shall be 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. Devise of real estate to the her dower. widow shall bar Bequest of per widow shall not bar her dower. sonal estate to the Agreement not to enforced. bar dower may be Legacies in bar of dower still en titled to prefer ence. XIII. And be it further enacted, That no widow shall hereafter be certain dowers entitled to dower ad ostium ecclesiæ, or dower ex assensu patris. d abolished. THE LATE DOWER ACT. 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 thirty1st January, 1834. four, and shall not give to any will, deed, contract, engagement, or Act not to take effect before the charge executed, entered into, or created before the said first day of January, one thousand eight hundred and thirty-four, the effect of defeating or prejudicing any right to dower. Of promise to marry must be proved on an action for breach of, 222. ACCOUNTANT-GENERAL, Wife's fund standing in name of, may be pledged by husband, 20. ACKNOWLEDGMENTS Of deeds by married women, 29; and see APPENDIX, No. 1. ACTION, Chose in. See CHOSES IN ACTION OF WIFE. 154 By husband on wife's bond, bill of exchange, or promissory note, ADMINISTRATION By wife's next of kin, rule of Doctors' Commons as to, 53, note. Of wife's estate granted to husband as a matter of right, 168. His right a civil right, 187. ADMINISTRATOR, Husband, as wife's, may recover her separate choses in action, 287. See Husband, as his wife's, liable to her debts, 187, 188. See DEBTS OF WIFE. |