340 JOINTURE. 
3 Rep. i. But though a devife cannot at law be averred 
to be in fatisfattion of dower, if the will is filent, yet 
fometimes the courts of equity have been induced, by 
fpecial circumftances, to confider fuch devifes as a fatis- 
faftion 5 and it has therefore been decreed, that the wife 
ftiould make her election, to waive her dower and accept 
under the will, or to waive the will and take her dower. 
In Laurence v. Laurence, i Vern. 463, lord Somers made 
fuchadecree; becaufe he inferred an intention to give 
in bar of dower, from the teftator’s having devifed the re- 
fidue of his whole eftate to another. But this decree was 
reverfed by lord-keeper Wright; and the reverlal was af¬ 
terwards affirmed in the houTe of lords. 2 Bro. P. C. 483. 
And this is faid to have fettled the doftrine. However, 
notwithftanding the doctrine on which the cafe of Lau¬ 
rence v. Laurence was finally decided, and the frequent 
recognition of that cafe, devifes have been fince frequently 
deemed a fatisfadftion of dower, on account of very llrong 
and fpecial circumftances; as where allowing the wife to 
take a double provifion would have been quite incon- 
fiftent with the difpofitions of the will. On this latter 
principle, lord Northington is faid to have decided for a 
fatisfaftion of dower in Arnold v. Kempftead, July 1764; 
and lord Camden in Villareal v. Galway. See 1 Injl. 36. 
If a jointure be made to a woman, during coverture, in 
fatisfadlion of dower, ffie may waive it after her hufoand’s 
death; but, if the enters and agrees thereto, file is con¬ 
cluded ; for, though a woman is not bound by any ai 5 t 
when Ihe is not at her own difpofal, yet, if file agrees to 
it when file is at liberty, it is her own aft, and file cannot 
avoid it. 4 Co. 3. 
All other fettlements in lieu of dower, not made ac¬ 
cording to the ftatute, are jointures at common law, and 
no bars to claim of dower: and a jointure was no bar of 
dower before this ftatute; as a right or title to a freehold 
cannot be barred [at law] by acceptance of a collateral 
fatisfaftion. Co. Lit. 36. A father made a fettlement to 
the ufe of himfelf for life, and afterwards to the ufe of 
his foil and his wife, for their lives, for the jointure of the 
‘wife; this was adjudged no jointure to bar the wife of 
her dower, becaui'e it might not commence immediately 
after the death of the hulband, who might die in the life¬ 
time of the father. So, if a feoffment be made to the 
ufe of the hulband for life, remainder to another for years, 
remainder to the wife for life for her jointure. 2 Cro. 489. 
But a feoffment in fee, upon condition that the feoffee 
fiiall make another feoffment to the ufe of the fon of the 
feoffor, and to his fon’s wife in tail, remainder to the 
right heirs of the feoffor, which feoffment is made accord¬ 
ingly; is a good jointure within the ftatute, and bar to 
the dower of the wife. Moor, 28. 
An eftate fettled in jointure, coming from theanceftors 
of the wife, and not of the purchafe of the hulband or 
his anceftors, is not within the ftat. 11 Hen. VII. c. 20, 
as todifcontinuances, alienations, See. by the wife. Where 
a father of the intended wife, in confideration of marriage. 
See. covenanted to allure lands to the hulband and wife, 
his (the covenantor’s) daughter, and the heirs of her 
body, Sec. this was held no jointure within the meaning 
of the ftatute, being an advancement of the woman by 
her own father. 2 Cro. 264. 2 Lill Abr. 80. And an eftate 
in fee-fimpie conveyed to a woman for her jointure was 
held not to be any jointure within the ftatute; which 
never extended to lands granted to women in fee : but 
an eftate in fee, conveyed to a woman for her jointure, 
and in iatisfaftion of her dower, is a jointure within the 
ftat. 27 Hen. VIII. c. 10. 4 Rep. 3. 
An eftate for life is the ufual jointure: and an eftate 
for life, upon condition, may bar the wife if file accepts 
it; as a jointure to a woman, on condition to perform 
the hulband’s will, was judged good, where the wife en¬ 
tered and agreed to the eftate. 3 Rep. 1,2, ( 3 c. If no in¬ 
heritance is referved to the hulband and his heirs, but 
the eftate is limited to the wife for life, or in tail, the re¬ 
mainder to a Itranger; it is not a jointure within the 
ftat. 11 Hen. VII. c. 20, though made by the hulband or 
his anceftor. Cro. Eliz. 2. A hulband covenanted to ftand 
feifed of lands, to the ufe of himfelf and his heirs, till the 
marriage Ihouid take effeft ; and afterwards to himfelf, 
his wife, and their heirs; and it was adjudged a good 
jointure within this ftatute. Dyer, 248. 
A man makes his wife a jpinture after marriage; and 
afterwards by will devifes, that Ihe lhall have a third part 
of all his lands, with her jointure; here the wife will 
have the third part of all as a legacy, and, if Hie waives 
her jointure, Ihe may have a third part of the refidue for 
dower. Dyer, 6 2. If a mafter, in confideration of fervice 
done by his fervants, grants lands to the fervant and a 
woman he intends to marry, and the heirs of their bodies, 
creating an eftate-tail; this is not a jointure ; not being 
a gift of the hulband, or any of his anceftors, but of his 
mafter, and in confideration of fervice, which will not 
make the hulband fuch a purchafer as the law requires. 
Moor, 683. But as to confiderations, if an eftate is fettled 
in jointure upon a woman, in confideration of money paid 
and alfo of a marriage to be bad ; the marriage lhall be 
looked upon to be the confideration. Cro. Jac. 474. A 
hulband, tenant in tail, remainder to his wife for life, 
makes a feoffment in fee to the ule of himfelf and wife 
for life, for her jointure : it is no bar to the wife’s dower, 
becaufe it may be avoided by a remitter to her firft eftate 
for life. Moor, 872. If lands are conveyed to a woman 
before marriage, in part of her jointure only, and after 
marriage other lands are granted in full; it is faid Ihe 
may waive and refufe the lands conveyed to her after co¬ 
verture, and retain her firft jointure-lands and dower alfo- 
3 Re P- D 5- 4 Co. 5 - 
Where a jointure is made of lands, according to the 
direftion of the ftatute of 27 Hen. VIII. 10, before cover¬ 
ture, and afterwards the hulband and wife alien them by 
fine, Ihe lhall not have dower in any other lands of her 
hulband ; but it is otherwife where the jointure is made 
after marriage, when the wife’s eftate is waivable, and her 
election of choofing comes not till the death of the huf- 
band. 1 Injl. 36. 
The important queftion whether a jointure on an in¬ 
fant, before marriage, may be waived, was not quite fet¬ 
tled till the cafe of Drury v. Drury, which was heard be¬ 
fore lord Northington, Hi!. T. 1 Geo. III. The points 
determined by lord Northington in that cafe were: Firft, 
That the ftat. 27 Hen VIII. which introduced jointures, 
extends to adult women only, infants not being parti¬ 
cularly named; and therefore that, notwithftanding a 
jointure on an infant, Hie may waive the jointure, and 
eleft to take dower. Secondly, That a covenant by the 
hulband, that his heirs, executors, or adminiftrators, lhall 
pay the wife an annuity for her life, in full for her join¬ 
ture, and in bar of doiver, without expreffing that it lhall 
be charged on any particular lands, or be fecured out of 
lands generally, is not a good equitable jointure within 
the ftatute. Thirdly, that a woman being an infant can¬ 
not, by any contract previous to her marriage, bar herfelf 
of a diftributive lhare of her hulband’s perlonalty, in cafe 
of his dying inteftate. But from this decree there was 
an appeal to the lioufe of lords; and, after hearing the 
judges feriatim on the queftion, Whether a jointure on an 
infant could be waived, on which they were divided in 
opinion, the decree was reverfed as to all the above points. 
See 3 Bro. P. C. 492, Buckingham (Earl) v. Drury; where 
it appears that, by the decree of the lords, it was declared, 
“ that the rel'pondent (the widow,) is bound by theagree- 
ment^entered into in confideration of, and previous to, 
her marriage ; and that the fame ought to be performed 
and carried into execution; and that the rel'pondent is 
thereby barred, of her doxver, and of any lhare of her hufDand’s 
perfonal eftate, under the ftatute of diftributions.” 
If the hulband make a leafe of lands to his friends far 
any number of years, in truft for his wife and children, 
that Ihe lhall have 100I. a-year out of it, or in any fuch 
manner; by this fixe may have the provifion, which i3 
no 
