Rights of dower and courtesy both exist.
If there is no issue she takes the whole of the personal estate, while the real estate, subject to her dower, goes first to her husband's father and then to his mother, brothers and sisters.
Neither can by will deprive the other of the right of dower or courtesy in the real estate and of the right to one-third of the personal estate.
A widow has a dower interest in one-third of her husband's real estate unless barred by a jointure or an agreement.
Otherwise he might marry a freewoman (the children were then free), who might bring him a dower which his master could not touch, and at his death one-half of his property passed to his master as his heir.
In all these cases the father might dower her.
All legitimate children shared equally in the father's estate at his death, reservation being made of a bride-price for an unmarried son, dower for a daughter or property deeded to favourite children by the father.
The residential château of the princes of Lippe-Detmold (1550), in the Renaissance style, is an imposing building, lying with its pretty gardens nearly in the centre of the town; whilst at the entrance to the large park on the south is the New Palace (1708-1718), enlarged in 1850, used as the dower-house.
Thus his name is associated with the Fines and Recoveries Abolition Act 1833; the Inheritance Act 1833; the Dower Act 1833; the Real Property Limitation Act 1833; the Wills Act 1837; one of the Copyhold Tenure Acts 1841; and the Judgments Act 1838.
On the outward journey he wintered in Sicily, where he employed himself in quarrelling with Philip and in exacting satisfaction from the usurper Tancred for the dower of his widowed sister, Queen Joanna, and for his own share in the inheritance of William the Good.
On the 20th of August 1589, in spite of Queen Elizabeth's opposition, she was married by proxy to King James, without dower, the alliance, however, settling definitely the Scottish claims to the Orkney and Shetland Islands.
Among the other prominent buildings in Weimar are the Griines Schloss (18th century), containing a library of 200,000 volumes and a valuable collection of portraits, busts and literary and other curiosities; the old ducal dower-house (Wittumspalais); the museum, built in1863-1868in the Renaissance style with some old masters and Preller's famous mural paintings illustrating the Odyssey.
A widow has a dower right in one-third of the real property to which her husband had absolute title, but a wife may convey or devise her real property free from her husband's right of tenancy by courtesy.
She received from parliament a grant of 30,000 a year in compensation for the loss of her dower-lands, and the king added a similar sum as a pension from himself.
In Maryland a wife holds her property as if single except that she can convey real estate only by a joint deed with her husband (this requirement being for the purpose of effecting a release of the husband's " dower interest "), neither husband nor wife is liable for the separate debts of the other, and on the death of either the rights of the survivor in the estate of the other are about equal.
Rights of dower and courtesy both obtain.
Where there is no will or its provisions are waived, the right of a widow, in addition to her dower and homestead rights, in the personal estate of a deceased husband is the same as that of a widower, in addition to his estate by courtesy and homestead right, in the personal estate of a deceased wife, i.e.
By releasing his or her right of dower or courtesy together with the homestead right, if any, the surviving widower or widow is also entitled, in fee, to one-half the real estate, if said deceased leaves no issue surviving; if the husband leaves issue by the widow surviving, she is entitled in fee to one-third of his real estate; if the wife leaves issue by him surviving, the husband also is entitled in fee to one-third of her estate; but if the wife leaves issue not by him, he is entitled only to a life interest in one-third of her real estate.
Sections io and r 1 of Magna Carta provided that when a person died owing money to a Jew no interest should accrue during the minority of the heir, and further that the widow should be entitled to her dower, and any children who were minors should be provided with necessaries before the repayment of the loan.
The rights of dower and courtesy both obtain.
When a husband dies intestate leaving a widow and issue, the widow has the use of one-third of his real estate for life and one-third of his personal estate absolutely; if he leaves no issue but there be collateral heirs or other kindred, the widow has the real or personal estate or both to the value of $5000, the use of one-half the remaining real estate for life, and one-half the remaining personal estate absolutely; if the husband leaves a will the widow has the choice between her dower right and the terms of the will.
Barbara brought him a dower of ioo,000 gulden and the support of the Magyar magnates, but the match nearly brought about a breach with the emperor Maximilian, jealous already of the Jagiello influence in Hungary.
Stubbs says of it: "The law of dower, of advowson, of appeal for felonies, is largely amended; the institution of justices of assize is remodelled, and the abuses of manorial jurisdiction repressed; the statute De religiosis, the statutes of Merton and Gloucester, are amended and re-enacted.
The count of Flanders was obliged to sign the treaty of Boves in July 1185, which gave the king, in addition to the expectation of Artois, his wife's dower, sixty-five castles in Vermandois and the town of Amiens.
The great feudatories accepted his legislation on dower in 1214 and 1219 and the etablissement of 1209 making co-heirs of fiefs hold direct from the king and not from one of their number.
A widow is entitled to a dower in one-third of the real estate of which her husband was seized at any time during coverture.
A widow has a dower right to one-third of her husband's real estate and to the share of a child in his personal estate.
If a husband dies leaving descendants only by a former marriage, the widow may take in lieu of dower the personal property that came to him by means of marriage, or if there be children by both marriages she may take in lieu of her dower right to his real estate an absolute right therein equivalent to the share of a child.
Her dower is not lost by a divorce resulting from the fault or misconduct of the husband.
Her marriage dower had been seized by the queen dowager Isabella to pay a body of Hainauters, with whose help she had compassed her husband's deposition.
In 1661 it was ceded to the English crown, as part of the dower of the infanta Catherine of Portugal on her marriage with Charles II.
It was led by Lord Lovel, Richards chamberlain and admiral; but the insurgents dispersed when Henry marched against them with a large force (1486), and Lovel took refuge in Flanders with Margaret of York, the widow of Charles the Bold of Burgundy, whose dower towns were the refuge of all English exiles, and whose coffers were always open to subsidize plots against her nieces husband.
A widow is entitled to a dower in one-third of her husband's real estate, and a widower is life tenant by courtesy of all the real estate of which his wife died seized and not disposed of by her last will, unless she leaves issue by a former husband, to whom the estate might descend, in which case her estate passes immediately to such issue.
Tenancy by courtesy was abolished in 1883, but the right of dower still obtains; the widow's acceptance of a distributive share in her husband's estate, however, bars her dower.