the death of her husband she shall enter on the lands to be assigned to her for her dower, or commence proceedings for the recovery or assignment thereof.

§ 844. When provision in lieu of dower forfeited.[2585]. Every jointure, devise and pecuniary provision, in lieu of dower, shall be forfeited by the woman for whose benefit it shall be made, in the same cases in which she would forfeit her dower; and, upon such forfeiture, any estate so conveyed for jointure, and every pecuniary provision so made, shall immediately vest in the person, or his legal representatives, in whom they would have vested, on the determination of her interest therein, by the death of such woman.

§ 845. Husband's conveyance not to bar widow's dower. -[2586]. No act, deed or conveyance, executed or performed by the husband without the assent of his wife, evinced by the acknowledgment thereof in the manner required by law, shall pass the estate of a married woman; and no judgment or decree confessed or recovered against him and no laches, default, covin or crime of the husband shall prejudice the right of his wife to her dower or jointure, or preclude her from the recovery thereof, if otherwise entitled thereto.

§ 846. May tarry in mansion house.-[2587]. A widow may tarry in the mansion or chief dwelling-house of her husband for two months after his death, whether her dower be sooner assigned her or not, without being liable to any rent for the same; and, in the meantime, she shall have a reasonable sustenance out of the estate of her husband."

[2588]. If the dower of any widow is not assigned and laid off to her within two months after the death of her husband, she shall remain and possess the mansion or chief dwelling-house of her late husband, together with the farm

• See Const., art. 9, § 6.

thereto attached, free of all rent, until her dower shall be laid off and assigned to her.'

§ 847. Commissioners to lay off dower.-[2589]. In all assignments of dower to any widow, it shall be the duty of the commissioners who may be appointed to lay off the dower (if the estate will permit without essential injury) so to lay off the dower in the lands of the deceased husband that the usual dwelling of the husband and family shall be included in such assignment of dower to the widow.8

[2590]. The commissioners appointed to lay off dower in the lands of the deceased husband shall, at the request of the widow to be endowed, lay off the same on any part of the lands of the deceased, whether the same shall include the usual dwelling of the husband and family or not: Provided, the same can be done without essential injury to such estate."

§ 848. Dower in estate and choses in action.-[2591]. A widow shall be entitled, as part of her dower, absolutely and in her own right, to one-third part of the personal estate, including cash on hand, bonds, bills, notes, book accounts and evidences of debt whereof the husband died seized or possessed.10

§ 849. Dower in lands and personalty when no children. -[2592]. If a husband die, leaving a widow and no children, such widow shall be endowed of one-half of the real

7 Trimble v. James, 40 Ark. 393; Mock v. Pleasants, 34 Ark. 63; Horton v. Hilliard, 58 Ark. 298, 24 S. W. 242.

8 Rev. St. 1837, c. 52, §§ 1-19; Horton v. Hilliard, 58 Ark. 298, 24 S. W. 242.

9 Act Jan. 15, 1857.

10 Hill's Adm'rs v. Mitchell, 5 Ark. 608; Mulhollan v. Thompson, 13 Ark. 232; Menifee's Adm'rs v. Menifee, 8 Ark. 9; James v. Marcus, 18 Ark. 421; McClure v. Owens, 32 Ark. 443; Street v. Saunders, 27 Ark. 554; Gibson v. Dowell, 42 Ark. 164; Rev. St. 1837, c. 52, § 20; Act Feb. 21, 1859 (Laws 1858-59, p. 299), § 1; Act March 8, 1867 (Laws 1867-68, p. 277).

estate of which such husband died seized, and one-half of the personal estate, absolutely and in her own right.11

§ 850. Widow's dower, at her death, descends, how.[2593]. At the death of any widow who hath dower in land, such property shall descend in accordance with the will of the deceased husband, or, if the husband died intestate, then to descend in accordance with the law for the distribution of intestate's estate.

§ 851. Devise of real estate to the wife deemed in lieu of dower. [2594]. If any husband shall devise and bequeath to his wife any portion of his real estate of which he died seized, it shall be deemed and taken, in lieu of dower, out of the estate of such deceased husband, unless such testator shall, in his will, declare otherwise.12

§ 852. Widow has her election in such cases.-[2595]. In cases of provision made by will for widows, in lieu of dower, such widow shall have her election to accept the same or be endowed of the lands and personal property of which her husband died seized.

§ 853. Widow may elect.-[2596]. If a widow, for whom provision has been made by will, elect to be endowed of the lands and personal property of which her husband died seized, she shall convey, by deed of release and quitclaim, to the heirs of such estate the land so to her devised and bequeathed, which deed shall be acknowledged or proven and recorded as other deeds for real estate are required to be acknowledged or proven and recorded.

§ 854. Renunciation-How evidenced.-[2597]. Such renunciation of the devise or bequest by deed, as provided for in the last preceding section, shall be deemed a sufficient notice of the renunciation of the interest of such widow in all the benefits she might claim by such will in the lands of such deceased husband.

11 Brown v. Collins, 14 Ark. 421.

12 Apperson v. Bolton, 29 Ark. 418.

§ 855. Renunciation-When must be filed.-[2598]. Such renunciation by deed shall be executed within eighteen months after the death of such husband, or the widow will be deemed to have elected to take the devise and bequest contained in such will.13

§ 856. Widow may relinquish dower and take absolutely a child's share.-[2599]. The widow of any deceased person, who shall file in the office of the clerk of the court of probate, or with the probate court of the proper county, a relinquishment of her right of dower in and out of the estate of her deceased husband, shall be entitled to receive of the estate of which her said husband died seized and possessed, whether real, personal or mixed, a portion or share thereof, absolutely in her own right, equal to that of a child, which shall be set aside and delivered to her as now provided by law for dower.1

§ 857. Relinquishment-How made-When and where to be filed. [2600]. Said relinquishment shall be in writing and acknowledged before the clerk or some justice of the peace, and filed within sixty days after the grant of letters of administration on the estate of the decedent.

§ 858. Laws vesting certain estates in widow and children not repealed.-[2601]. Nothing herein contained shall be so construed as to repeal any law vesting estates worth less than three hundred dollars in the widow and children of deceased persons.15

§ 859. Widow shall be endowed of all the lands.[2602]. A widow shall be endowed of lands sold in the lifetime of the husband without her consent in legal form against all creditors of the estate.1

13 Rev. St. 1837, c. 52, §§ 21-27.

14 Mack v. Johnson, 59 Ark. 333, 27 S. W. 231.

15 Act Nov. 29, 1862 (Laws 1862, p. 58).

16 Tate v. Jay, 31 Ark, 576.

§ 860. Duty of heir to assign dower.-[2603]. It shall be the duty of the heir at law of any estate, of which the widow is entitled to dower, to lay off and assign such dower as soon as practicable after the death of the husband of such widow.17

§ 861. Proceedings for assignment of dower.-[2604]. If such dower assigned by the heir at law be accepted by the widow, the heir at law shall make a statement of such assignment, specifying what lands have been assigned, and the acceptance of such widow shall be indorsed thereon; which statements and specification of dower, and acceptance thereof, shall be proved or acknowledged by both parties, and filed with and recorded by the clerk of the court of probate, which will then be a sufficient assignment of dower, and shall bar any further demand for dower in the property specified in the statement of dower.

§ 862. Minor heirs in such cases to act by their guardians. [2605]. If the heir to any estate be a minor, he shall act, in the assignment of dower, by his guardian.18

§ 863. How widow may proceed when dower not as-signed in due time-Form of petition for dower.-[2606]. If dower be not assigned to the widow within one year after the death of her husband, or within three months after demand made therefor, she may file in the court of probate, or in the clerk's office thereof, in vacation, a written petition in which a description of the lands in which she claims dower, the names of those having an interest therein and the amount of such interest shall be briefly stated in ordinary language, with a prayer for the allotment of dower; and, thereupon, all persons interested in the prop

17 Hill's Adm'rs v. Mitchell, 5 Ark. 608; Morrill v. Menifee's Adm'rs. 5 Ark. 629; Menifee's Adm'rs v. Menifee, 8 Ark. 9; Trimble v. James, 40 Ark. 393; Jacks v. Dyer, 31 Ark. 334; Reed v. Ash, 30 Ark. 775. 18 Rev. St. 1837, c. 52, §§ 28-31.