History Dower

1 history

1.1 roman era
1.2 establishment in western europe
1.3 england , other common law countries
1.4 scotland
1.5 united states

history
roman era

dower thought have been suggested bride price tacitus found usual among germans. bride price terms dos, contrasts dos (dowry) of roman law, gift on part of wife husband, while in germany gift made husband wife. there indeed in roman law termed donatio propter nuptias, gift family of husband, required if dos brought on part of wife. in special instance of widow (herself poor , undowried) of husband rich @ time of death, ordinance of christian emperor justinian secured right part of husband s property, of no disposition of deprive her.

establishment in western europe

thy truth, then, thy dower . king lear

the general establishment of principle of dower in customary law of western europe, according maine, traced influence of church (no evidence of whatsoever dower payments evolved germanic custom of paying brideprice, on centuries morphed bridegift, in place long before church became involved in marriage practice), , included perhaps among arduous triumphs. dower outcome of ecclesiastical practice of exacting husband @ marriage promise endow wife, promise retained in form in marriage ritual of established church in england. dower mentioned in ordinance of king philip augustus of france (1214), , in contemporaneous magna carta (1215); seems have become customary law in normandy, sicily, , naples, in england. object of both ordinance , charter regulate amount of dower not subject of voluntary arrangement, dower english law consisting of wife s life estate in one-third of lands of husband of issue might have had might possibility have been heir .

england , other common law countries

there judicial authority of year 1310 proposition dower favoured law, , @ less remote period said life , liberty 1 of 3 things law favoreth . in england in late 18th century, became common men hold land trust prevented wives acquiring dower. accordingly, english statute, fines , recoveries act 1833 passed impair inviolability of dower empowering husbands cut off deed or wives dower. wives married before act still had (in cases) acknowledge deed before commissioner bar right dower in property husband sold. simpler previous procedure, had required fine levied in court of common pleas, fictitious proceeding, , husband formally remitted right property purchaser.

in english law, dower 1 third of lands seised in fee husband during marriage. however, in modern period, common wife bar right dower in advance under marriage settlement, under agreed take instead jointure, particular interest in husband s property, either particular share, or life interest in particular part of land, or annuity. part of arrangement gave property husband in exchange jointure, accordingly greater third. strictly dower available land husband owned, life tenant under settlement given power appoint jointure wife. wife retain right dower (if not barred settlement) if husband sold property; right barred fictitious court proceeding known levying fine. widow of copyholder provided custom of manor freebench, equivalent right dower, (but not necessarily) half, rather third.

scotland

under scots law, part of estate cannot denied surviving wife referred jus relictae.

united states

it law of dower unimpaired statute, according american commentator chancellor kent has been modifications everywhere adopted part of municipal jurisprudence of united states . however, dower never received under louisianan law , has been expressly abolished in states , territories. still remains, dower has been heavily modified statute, no longer automatically applied, , largely superseded other forms of marital property arrangements (elective share, community property).