Sidebilder
PDF
ePub

DOWER, WHEN AND HOW BARRED. 7. If a wife, of her own free will leave her husband, and live in adultery, she shall be barred of her dower in his estate, unless her husband be afterwards reconciled to her and suffer her to live with him. Or, if she voluntarily leave her husband, without cause such as would entitle her to a divorce from the bond of matrimony or from bed and board, and without such cause and of her own free will, be living separate and apart from him at the time of his death isbe shall be barred of her dower. DOWER, HOW ASSIGNED OR RECOVERED; TO WHAT WIDOW ENTITLED BEFORE

ASSIGNED, ETC, 8. Until her dower is assigned, the widow shall be entitled to de mand of the heirs or devisees one-third part of the insiles and profiis of the other real estate which was devised or descended to them, of which she is dowable, and in the meantime may bold, occups and enjoy the mansion house and curtilage, without charge; and if des prived thereof, may on complaint of unlawful entry or detainer, frcover the possession, with damages for the time she was so deprived.

9. Dower may be assigned as at common law; or upon the inetion of the widow, or the heirs or devisees, or any of them, the circuit court of the county in which the will of the husband is idmiited to record, or administration of his estate is granted, may, upon reasonable notice to the other parties interested, or such of them in may be in the county, appoint commissioners, by whom dower may be assigned, and the assignment, when confirmed by the court, shall have the same effect as if made by the heir at common law. But nothing herein contained shall be construed to take away or affect the jurisdiction, which courts of chancery now exercise over the subject of dower.

10. A widow having a right of dower in any real estate may recover the said dower, and damages for its being withheld, by such remedy at law as would lie on behalf of a tenant for life having a right of entry, or by a bill in equity where the case is such that a bill would now lie for such dower.

11. In every such case a recovery of dower in such real estate in kind shall be of a third of the estate as it is when the recovery is bad. Against the heirs or devisees of the husband, or their assigns, the damages shall be for such time after the husband's death as thev have withheld the dower, not exceeding five years before the suit is commenced. Against one cuiming under an alienation by the husband, or under a sale made by the judgment or decree of a court in his lifetime, the damages shall be from the commencement of the suit against such claimant. In either case they shall be to the time of the recovery. And if after suit brought, the widow or the tenant die before such recovery of damages, the same may be recovered by her personal representative, or against his.

12. The two preceding sections are subject to this qualification, that any person claiming under an alienation made by the husband

or under a sale made in pursuance of the judgment or decree of a court, in his lifetime, may pay to the widow, during her life, lawful interest from the time the demand is made upon him by the widow, or ber agent, for her dower in the lands, on one-third of the value thereof at the time of such alienation or sale, or he may pay her a gross sum in lieu thereof, to be computed upon the principle hereinafter provided ; and in either case the payment so made shall be a full discharge and satisfaction of the claim of the widow for dower in the real estate so alienated or sold.

13. No widow shall be precluded from her dower by reason of the real estate whereof she claime dower having been recovered from her husband by a judgment rendered by default or collusion, if she would have been entitled to dower therein, had there been no such judga ment. Vor shall any heir who was under the age of twenty-one years at the time the dower was assigned to the widow, out of the lands of his ancestor, by his guardian, or by judgment by default or collusion against such guardian, be precluded from recovering the seizin of his ancestor from such widow unless she show herself entitled to such dower.

CROPS ON DOWER LAND AT DEATH OF WIDOW. 14. Crops growing on the dower land of a widow at the time of her death may be bequeathed by her, and shall go to her personal representative, in like manner as crops growing on any other land beld for life. CURTE Y OF THE HUSBAND IN THE REAL ESTATE OF HIS WIFE-CURTESY DE

FINED.

15. If a married woman die seized of an estate of inheritance in lands, her husband shall be tenant by the curtesy in the same. An estate by the curtesy in the lands of which a married woman may bereafter die seized, shall exist and be held by her husband therein, whether they had issue born alive during the coverture or not.

(URTESY OF HUSBAND; HOW BARRED. 16. If any estate, real or personal, be delivered by the wife to the husband in lieu of his curtesy, and he accept the same, he shall be barred of his curtesy in the residue thereof. And if a husband of his own free will shall leave his wife, except for cause such as would entitle him to a divorce, he shall be barred of bis curtesy in his wife's estate, unless she afterwards become reconciled to, and live with him as his wife.

GROSS SUM IN PAYMENT OF LIFE ESTATE: HOW ASCERTAINED ETC. . 17. When a party as tenant in dower, or otherwise, is entitled to the use of one-third of any real estate, or of the proceeds arising therefrom by a sale or otherwise, and is willing to accept a gross sum in lieu thereof, or the party affected by such claim, has the right to pay a gross sum in lieu thereof, or if the court in any legal proceed

ing decree a gross sum to be paid in lieu thereof, the same shall be estimated according to the then value of an annuity of six per cent. on the principal sum, during the probable life of such person according to the following table. And if a rty a- tena :: for life, or by the curtesy, is entitled to the annual : terest on an entire sum of money, or to the use of the whole of an estate, and the party liable for such interest or affected by such claim, bas the right to pay a gross sum in lieu thereof, or if the court in any legal proceeding decree a gross sum to be paid in lieu thereof, the same shall be estimated according to the then value of an annuity at four per cent. on the principal sum or value, during the probable life of such person, according to the said table.

ANNUITY TABLE.

A table showing the value of an annuity of one dollar at four or six per cent, on a single life, at any age from one year to ninetyfour, inclusive :

[graphic][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][subsumed][subsumed][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][subsumed][ocr errors][subsumed]

RULE FOR COMPUTING THE VALUE OF THE LIFE ESTATE OR ANNUITY.

18. Calculate the interest at four or six per cent, upon the sum to the income of which, or upon the value of the property to the use of which, the person is entitled. Multiply this interest by the number of years' purchase set opposite the person's age in the table, and the product is the gross value of the life estate of such person therein.

EXAMPLES 19. Suppose a widow whose age is fifty years is entitled to dower in real estate worth nine thousand dollars. Interest on three thousand dollars, the third part thereof, at six per cent for one year is one hundred and eighty dollars. The number of years purchase which an

annuity of one dollar is worth at the age of fifty years, as appears by the foregoing table, is nine years and four hundred and seventeen one thousand parts of a year, which multiplied by one hundred and eighty dollars, the value of one vrar, gives one thousand six hundred and ninety-five dollars and six cents as the gross value of such dower.

20. Then suppose a person whose age is fifty years is tenant for life, or by the curtesy, in the whole of an estate worth nine thousand dollars. The annual interest on that sum at fuur per cent. is three hundred and sisty dollars, which computed and multiplied as before, gives three thousand three hundred and ninety dollars and twelve cents as the gross value of such estate in the premises or the proceeds thereof.

ACTS REPEALED. 2. All acts and parts of acts coming within the purview of this act, and inconsistent therewith, are hereby repealed.

CHAPTER LXVI. OF THE SEPARATE PROPERTY AND RIGHTS OF MARRIED WOMEN. (See 10 W. Vn. Reports, 171—12 {b., 350— 13 ib., 572--18 1b., 75—ib., 612—19 ib., 366—20 ib., 571.)

1. All real and personal property heretofore conveyed directly to a married woman, or to a trustee for her use, by any person other thap her husband, as her sole and separate property, and the rents, issues, and profits thereof shall be and remain her sole and separate property, as if she were a single woman ; and the same shall in no way be subject to the control of her husband, or liable for his debts.

2. The real and personal property of any female who may hereafter marry, and which she shall own at the time of marriage, and the rents, issues, and profits thereof, shall not be subject to the disposal of her husband, nor be liable for his debts, and shall be and continue her sole and separate property, as if she were a single woman.

3. Any married woman may take by inheritance, or by gift, grant, devise, or bequest, from any person other than her husband, and hold to her sole and separate use, and convey and devise, real and personal property and any interest or estate therein, and the rents, issues, and profits thereof, in the same manner and with like effect as if she were upmarried, and the same shall not be subject to the disposal of her husband, nor be liable for his debts. Provided, That no married woman, unless she is living separate and apart from her husband, shall sell and convey her real estate, unless her husband joins in the deed or other writing by which the same is sold or conveyed.

4. Any person holding or who may hereafter hold as trustee for any married woman, any real or personal estate or other property, under any deed of conveyance or otherwise, on the written request of such married woman, accompanied by a certificate of a judge of the circuit court of the county wherein the property is situated that he has examined the condition and situation of the property, and made due inquiry into the capacity of such married woman, to manage and control the same, may convey to such married waman, by deed or otherwise, all or any portion of said property, or the rents, issues, or profits thereof, for her sole and separate use and benefit.

5. It shall be lawful for any married woman, by herself, and in her name, or in the name of any third person, with her assent, as her trustee, to cause to be insured for her sole use the life of her husband for any definite period, or for the term of his natural life ; and in case of her surviviög her husband, the sum or net amount of the insurance becoming due and payable by the terms of the insurance, shall be payable to her to and for her own lise, free from the claims of the representatives of her husband or of any of his creditors ; but such exemption shall not apply where the amount of premium annually paid out of the funds or property of the husband shall exceed one hundred and fifty dollars.

6. The amount of the insurance may be made payable in case of the death of the wife before the decease of her busband, to his or her children for their use, as shall be provided in the policy of insurance, and to their guardian, if mder age.

7. Every married woman, being a resident of this state, solo-hall receive a patent for her own invention pursuant to the ülls of the United States, may hold and enjoy the same, and all the proceeds, benefits and profits thereof, and of such invention, to her own and separate use, free and independent of her husband and his creditors; and may transfer and dispose thereof, and in every respect perform all acts in relation thereto, in the same manner as if she were unmarried.

8. When any deposit shall be made in any bank or institution, by any female, being or hereafter becoming a married woma, ot her own money, in her own name, it shall be proper for the officers of such bank or institution to pay such depositor such sum as may be due such female, and the receipts or acquittances of such depositor shall be a sufficient legal discharge to the said bank or institution therefor.

9. It shall be lawful for any married woman, being a stockholder of any bank, insurance company, (other than mutual fire insurance companies,) manufacturing company or other institution incorporated under the laws of this state, to vote at any election for directors and trustees by proxy or otherwise, in such company of which she may be a stockholder.

10. An action may be maintained against the husband and wife jointly for any debt of the wise contracted before marriage, but the execution on any judgment in such action shail issue against, and such judgment shall bind the separate estate and property of the wife only, and not that of the husband,

11, Any husband who may hereafter acquire the separate property of his wife, or any portion thereof, by any ante-nuptial contract

with judgun any jud of the

« ForrigeFortsett »