ARTICLE LIV.—OF DOWER.

 

§1299.  Every woman shall be endowed of one-third part of all the lands owned by her husband at any time during marriage, in fee simple, in freehold, or for the term of fifty years or more, so long as twenty-five years of the term remain unexpired, but in no less estate, unless she is lawfully barred thereof; she shall also be entitled, by way of, dower, to an absolute property in the one-third part of all his movable effects, in possession, or reducible to possession, at the time of his death, after the payment of all his just debts.

 

§1300. If a husband seized of lands in fee simple, freehold, or for a term of fifty years as specified in the preceding section, shall exchange them for other lands, his widow shall not have dower in both, but shall make her election to be endowed of the lands given, or of those taken in exchange, within six months after the death of her husband, and if such election be not made, she shall take her dower of the lands received in exchange.

 

§1301. Where any person seized of lands, as aforesaid, shall have executed a mortgage of such lands before marriage, the widow shall, nevertheless, be entitled to dower out of the lands mortgaged, as against every person except the mortgagee and those claiming under him.

 

§1302. Where a husband shall purchase lands during cover­ture, and shall at the same time mortgage his estate in such lands to secure the payment of the purchase money, his widow shall not be entitled to dower out of such lands, as against the mortgagee are those claiming under him, although she shall not have united in such mortgage, but she shall be entitled to her dower as against all other persons.

 

§1303. Where in such case the mortgagee, or those claiming under him shall, after the death of her husband, cause the land mortgaged to be sold and any surplus shall remain, after the payment of the moneys due on such mortgage, and the costs and charges of the sale, the widow shall be entitled to the interest or in­come of the one-third part of such surplus, for her life, as her dower.

 

§1304. A widow shall not be endowed of lands conveyed to her husband by way of mortgage, unless he acquired an absolute estate therein during marriage.

 

§1305. When a widow is entitled to dower in lands of which her husband died seized, she may continue to occupy the same, with the children or other heirs of the deceased, or to receive one third part of the rents, issues and profits thereof, so long as the heirs do not object thereto, without having her dower assigned.

 

§1306. A widow may remain in the house of her husband sixty days after his death, without being chargeable with rent therefor, and in the meantime she shall have her reasonable sus­tenance out of his estate.

 

§1307. In case of divorce, dissolving the marriage contract, for the misconduct of the wife, she shall not be endowed.

 

§1308. A woman may bar her right of dower, in any estate conveyed by her husband, by joining with him in the deed, con­veying the same, and therein releasing her claim to dower, or by a separate deed releasing the same, made at the time of the con­veyance by her husband, or subsequently.

 

§1309. A woman may also be barred of her dower in the lands-of her husband, by a jointure settled on her with her assent before her marriage, provided such jointure consists of an estate in lands, for the life of the wife at least, to take effect immediately on the death of her husband; her assent to such jointure being expressed, if she be of full age, by her becoming a party to the conveyance by which it is settled, and if she be under age, by her joining with her father or guardian in such conveyance.

 

§1310. Any pecuniary provision that shall be made for the benefit of an intended wife, and in lieu of dower, shall, if assented to as provided in the preceding section, bar her right of dower in all the lands of her husband.

 

§1311. If any such jointure or pecuniary provision in lieu of dower, be made before the marriage, and without the assent of the intended wife, or if it be made after marriage, it shall bar her, dower, unless she shall within six months after receiving notice of the death of her husband, and of such jointure or pecuni­ary provision, make her election to waive such jointure or provis­ion, and to be endowed of the lands of her husband.

 

§1312. If any provision be made for a widow in the will of her husband, she shall, within six months after probate of the will, make her election or be endowed of his lands; but she shall not be entitled to both, unless it plainly appears by the will to have been the intention of the testator that she should have such provision in addition to her dower.

 

 

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