Maxim 4.7.5
Dower ought not to be sought from dower.
Dos de dote peti non debet.
Source: 4 Co. 122b; Weisman, 33f
Difficulty 3/5 — Intermediate
Explanation
A widow cannot claim dower out of lands already assigned as dower to another — the right extends only to the husband's own estate, not to the dower of a prior wife.
Where this applies
- A second widow claims dower from lands already assigned as dower to a first widow.
- Dower is sought from property that is itself dower land.
See also
Cite this maxim
NeCede Max. 4.7.5 — Dower ought not to be sought from dower. — 4 Co. 122b; Weisman, 33f (Dos de dote peti non debet.)
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