40 
DOWER. 
refute to bring an appeal of his death, when he is killed 
by another, yet flie (hall be endowed ; for this is only a 
Waver of that privilege the law has given her to be avenged 
of her hufband’s murderer; fo it feetus if (he refute to 
vilit and a fit ft Iter hufband in his ficknefs, yet (lie (hall be 
endowed, for this is only undiitifulnefs, wliich the law 
does not puniftt with the l'ofs of Iter entire lubfiftence. 
Perk. 364. 
If a man take an alien to wife and dieth, (lie (hall not 
be endowed, except the wife of ti e king, who (hall be 
endowed by the law of the crown. And if a Jew born 
in England marry a Jewefs alfo born here, the hufband be¬ 
comes a Chriftian, purchafes lands and dies ; the wife, not 
being alfo a Chriftian, (hall not have dower. 1 Injl. 31. b. 
In Hargrave’s edition of Co. Litt. the latter part of the 
above is confirmed ; as to the former, there is the fol¬ 
lowing remarkable note: Anciently a woman alien was 
not dowable ; but, by fpecial aft ot parliament not print¬ 
ed, Rot. Pad. S Hen. V. n. 15. all women aliens who 
from thenceforth (hould be married to Englifnmen by li¬ 
cence of the king, are enabled to demand their dower after 
the death of their hufbands, to whom they (hould in time 
to come be married, in the fame manner as Englifh wo¬ 
men. But this aft did not extend to thole married be¬ 
fore ; and therefore, in Rot. Pail. 9 Hen. V. n. 9. there 
is a fpecial aft of parliament to enable Beatrice countefs 
of Arundel, born in Portugal, to demand her dower. Hal. 
MSS. 9 Vin. 210. 
A woman is now by law entitled to be endowed of all 
lands and tenements, of which her hufband was feifed in 
fee-limple, or fee-tail general, at any time during the co¬ 
verture ; and of which any ilfue, which (lie might have 
Rad, might by poftibility have been heir. Therefore if a 
man, (eiled in fee-(imple, has a foil by his firft wife, and 
afterwards marries a fecond wife, (lie (hall be endowed of 
his lands ; for her iffue might by poftibility have been 
heir, on the death of the fon by the former wife. But, 
if there be a donee in fpecial tail, who holds lands to him 
and the heirs of his body begotten on A. his wife ; though 
A. may be endowed of thele lands, yet if A. dies, and he 
marries a fecond wife, that fecond wife (hall never be en¬ 
dowed of the lands entailed ; for no i(fue, that (he could 
have, could by any poftibility inherit them. Litt. 53. But 
in cafe land be given to the hufband and w ife in tail, the 
remainder in tail to the-hufband, and the firft wife dying 
■without iffue, he marries another wife ; this fecond wife 
will be entitled to dower after his death. 40 Edw. III. 
c. 4. 2 Skcp. Abr. 63. For here he hath an eftate in tail. 
The wife of a tenant in common, but not a joint-tenant, 
fliall have dower; and fheihall hold her part in common 
with the tenants in common. Kitch. 160. 
A fei(in in law of the hufband will be as effeftual as 
a feilin in deed, in order to render the wife dowable ; for 
it is not in the wife’s power to bring the hufband’s title 
to an aftual feilin, as it is in the hufband’s power to do 
with regard to the wife’s lands ; which is one reafon why 
lie fliall not be a tenant by the curtefy, but of fuch lands 
whereof the wife, or he himfelf in her right, was aftu- 
ally feifed in deed. Co. Litt. 31. The feilin of the huf¬ 
band, for a tranfitory inftant only, when the' fame aft 
which gives him the eftate conveys it alfo out of him 
again, (as where by a fine land is granted to a man, and 
lie immediately renders it back by the fame fine,) will 
not entitle the wife to dower. Crc.Jac.615. Co. Lit. 31. 
for the land was merely in tranfitu, and never veiled in the 
hufband, the grant and render being one continued aft. 
But, if the land abide in him for the interval of but one 
tingle moment, it feems that the wife fliall be endowed 
.thereof. And, in fhort, a widow may be endowed of all 
lier hufband’s lands, tenements, and hereditaments, cor¬ 
poreal or incorporeal, under the reftriftions before men¬ 
tioned j unlefs there be fome fpecial reafon to the con¬ 
trary. Thus, a woman (hall not be endowed of a caftle, 
built for defence of the realm ; nor of a common without 
ftintj for, as the heir would then have.one portion of this 
common, and the widow another, and both without ftmt, 
the common would be doubly (locked. Copyhold eftates 
are alfo not liable to dower, being only eftates at the lord’s 
will, unlefs by the fpecial culfpm of the manor, in which 
cafe it is ufually called the widow's J'rec-bench. 4 Rep. 22. 
But where dower is allowable, it matters not though the 
hufband alien the lands during the coverture; for he 
aliens them liable to dower. Co. l.itt. 32. 
It is now fettled, that although the hufband may be 
tenant by the curtefy of a truft eftate of inheritance, the 
wife is not entitled to dower out of fuch an eftate. 3 P. 
Wins. 229. The reafon aftigned for this is, that the wife 
was not endowed of a ufe at common law. And from 
analogy to trufts, it lias been determined that a wife fliall 
not be endowed of an equity of redemption, where the 
eftate was mortgaged in fee by the hufband previous to 
the marriage. iBro.C.R. 326. If lands are exchanged 
by the hufband for other lands, the wife may*be endowed 
of which lands fhe will, as the hufband was feifed of 
both; though fhe may not be endowed of the lands given 
and taken iivexchange. Co. Lit. 31. 
Where the eftate, which the hufband hath during' the 
marriage, is ended, there the wife (hall lofe her dower. 
New Nat. Br. -333. But of an eftate-tail in lands deter¬ 
mined, a woman fha.ll be endowed; in like manner as a 
man may be tenant by the curtefy of her lands. Co. Lit. 31. 
And if a wife be endowed of her third part, and after¬ 
wards evifted by an elder title, (lie fliall have a new writ 
of dower, and be endowed of the other lands. 2 Danv* 
Abr. 670. Though this is, where it is the immediate 
eftate defeended to the heir ; and not when it is the ef¬ 
tate of an alienee. <)Rcp.i^. The wife is dov\ able where 
lands are recovered againlt the hufband by default or co¬ 
vin ; and a woman deforced of her dower fliall recover 
damages, viz. the value of her dower from her lnifband’s 
death. iT,Edw.l. 20 Hen. 111 . If the hufband doth not 
die feifed, after demand and refufal to aflign dower to 
her, (he (hall have damages from the time of the refufal. 
Jenk. Cent. 45. She fliall be endowed of a reverfion, ex- 
peftant on a term of years; and of a rent referved 
thereon. Lutw.-jzy. If the hufband hath only an eftate 
for life, remainder to another in tail, though the remainder 
over is to his heirs, the wife fliall not be endowed, z 
Danv. 656. A woman fliall not be endowed of the goods 
of her hufband ; nor of a caftle, or capital meffuage ; but 
of all other lands and tenements (he may. Co. Lit. 35. 
A grantee of a rent in fee or tail, dies without heir, his 
wife (hall be endowed ; but not where the rent arifes upon 
a refervation to the donor and his heirs, on a gift in tail, 
and the donee dies without iffue ; for this is a collateral 
limitation. Plowd.156. If during the coverture, the huf¬ 
band doth extinguifh rents by releafe, &c. yet file (hall 
be endowed of them ; for as to her dower in the eye of 
the law, they have continuance. Co. Lit. 32. And where 
a rent is defeended to the hufband but he dies before any 
day of payment ; notwithftanding the wife (hall be en¬ 
dowed of it. 1 Hen. VII. 17. If lands are given to the 
hufband and wife.in tail, and after the death of the huf¬ 
band, the wife difagrees, (lie may recover her dower ; for 
by her waving her eftate, her hufband in judgment of 
law wa? foie (eifed ab initio. 3 Rep. 27. If lands are im¬ 
proved, the wife is to have one third according to the im¬ 
proved value. And if the ground delivered her be 
lowed, (lie fliall have the corn. 2 Injl. 81. 
Dower is an infeparable incident to an eftate in tail or 
fee, and cannot be taken away by condition. If one < 
feifed in fee of lands make a gift in tail, on condition that 
the wife (hall not have dower, the condition is void. 6 
Rep. 41. If tenant in tail die without iffue, fo that the 
land reverts to the donor; or in cafe he covenants to 
Hand feifed to ufes, and dies, his wife will be endowed : 
and a devife of land by the hufband to his wife by will 
is no bar of her dower, but a benevolence. Yelv. 51. A 
perfon grants and conveys land to D. and his heirs, on 
condition, to re-demife the fame back, &c. which after¬ 
wards 
