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NeCede's

Maxim 4.7.9

In law, a dower is a provision for a widow; upon her husband's death, out of his lands or tenements for her support and the nurture of her children.

Source: Co. Litt. 30a; 2 Bl. Comm. 130; 4 Kent, Comm. 35; Chaplin v. Hill, 1 R.I. 452; Hoy v. Varner, 100 Va. 600, 42 S.E. 690; Weisman, 33e Difficulty 4/5 — Advanced

Explanation

(English-origin maxim.) Dower is the widow's common-law entitlement to a life estate in one-third of her husband's lands — cite this when establishing a surviving spouse's right to a share of the deceased's real property.

Where this applies

  • A widow claims her one-third life estate in the family farm after her husband dies, even though the husband's will left everything to his brother; the court upholds her dower right because it attached by operation of law.
  • A man tries to sell the family home before his death, but the court holds that his wife's dower interest must be satisfied first because dower provides for the widow's support and cannot be defeated by the husband's conveyance.
  • An estate dispute arises when the deceased's creditors claim all the real property; the court sets aside the widow's dower portion because the law reserves a share of the husband's lands for her maintenance and the nurture of her children.

Legal domains

Cite this maxim

NeCede Max. 4.7.9 — In law, a dower is a provision for a widow; upon her husband's death, out of his lands or tenements for her support and the nurture of her children. — Co. Litt. 30a; 2 Bl. Comm. 130; 4 Kent, Comm. 35; Chaplin v. Hill, 1 R.I. 452; Hoy v. Varner, 100 Va. 600, 42 S.E. 690; Weisman, 33e

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