A legitimate dower belongs to every woman of all lands and tenements of which her husband possessed in his own right, as of fee, etc.

Explanation

At common law, every widow was entitled to a life estate in one-third of all lands her husband held in fee during the marriage — this right attached by operation of law and could not be defeated by the husband's conveyance.

Where this applies

• A widow claims one-third of all lands her late husband held in fee during the marriage; the court awards her the dower interest because it attached automatically by law and the husband's will cannot defeat it.
• A man conveys his farm to a friend during his lifetime, but upon his death his widow asserts her dower right to one-third; the court holds the conveyance cannot bar her legitimate dower.
• An estate executor tries to sell all the deceased husband's real property to pay debts, but the court first carves out the widow's one-third life estate because dower belongs to every wife by operation of law.