Aliens. Tit. 5. c. 1. $28. Ca. 2. 25. Alien women are not generally capable of acquiring dower, for the same reason that an alien Jenk. Cent.1. man cannot be tenant by the curtesy. But by the Lex Coronæ, an alien queen is entitled to dower. And in consequence of a petition from the Commons, an act of Parliament was made in 8 Henry V. not printed among the statutes, by which all alien women who from thenceforth should be married to English men, by licence from the King, are enabled to have dower, after their husband's death; in the same manner as English women. Rot. Parl. Vol. 4. 128. Id. 130. 1 Inst. 31 b. 33 a. 26. If an alien woman be naturalized by act of 13 Rep. 23. parliament, she then becomes entitled to dower, out of all the lands whereof her husband was seised during the coverture. Where an alien woman is created a denizen, she becomes entitled to dower, out of all the lands whereof her husband was seised at the time when she was created a denizen; but not out of any lands whereof he was seised before, and which he had aliened. Jewesses. 27. If a Jew born in England marries a Jewess also 1 Inst. 31 b. born in England, and the husband is converted to the Christian faith, and purchases lands, his wife shall not be endowed, if she continues a Jewess. Women stolen. 28. By the statute 6 Richard II. st. 1. c. 6. it is enacted, that whenever any woman is ravished, that is stolen; and afterwards consents to live with such ravisher; she shall be ipso facto disabled from having dower. TITLE VI. DOWER. CHAP. III. Of what Things Dower may be had; and Nature of this Estate. A Woman is entitled to dower out of all the lands Estates in Fee Simple. whereof her husband was seised in fee simple, at any time during the coverture; and also of all the profits arising out of such lands; as mines, minerals, &c. In a modern case, the Court of Common Pleas Stoughton v. Leigh, certified to the Court of Chancery, that dower was 1 Taunt. 402. due of mines of coal and lead wrought during the coverture, whether by the husband, or by lessees for years, paying pecuniary rents, or rents in kind, and whether the mines were under the husband's own land, or had been absolutely granted to him, to take 1 Inst. 32 a. Buckeridge 652. Estates Tail. Lit. § 53. Tit. 32. c. 22. 1 Inst. 224 a. Idem 31 b. the whole stratum in the land of others. But tha dower was not due of mines or strata unopened whether under the husband's land, or the soil of others. 2. A woman is dowable of the profits of a mill, park, a dove-house, or fishery; so of the profits of courts, fines, and heriots. 3. A woman is entitled to dower out of shares in the navigation of the river Avon. 4. A woman is also entitled to dower out of all estates whereof her husband is seised in tail general or special, if her issue be capable of inheriting them. And dower is an incident so inseparably annexed to an estate tail, that it cannot be restrained by any proviso or condition whatever. 5. Although the estate tail should determine by the death of the husband without issue capable of Tit. 5. c. 2. inheriting it, yet the wife shall be endowed; because § 9. dower is a condition tacitè annexed to the gift of every estate tail. Blithman's Tit. 2. c. 2. $ 15. Qualified or base Fees. Tit. 1. § 75. Plowd. 557.. 6. If a tenant in tail covenants to stand seised to the use of himself for life, remainder to the use of his eldest son in tail; and afterwards marries and dies, his widow shall be endowed. Because when a tenant in tail limits an estate for his own life, he has executed all the power that he had; and the remainder is merely void; so that he continues tenant in tail as before. 7. A woman is dowable of a qualified fee, as long as it continues; therefore in the case of a limitation to A. and his heirs, tenants of the manor of Dale, the widow of A. would be entitled to dower. 8. It is the same of a base fee. So that if a tenant in tail conveys his estate by fine to A. and his heirs, by which he acquires an estate to him and his heirs, s long as the tenant in tail has heirs of his body, he wife of A. will be entitled to dower against her husband's heirs. 9. Widows are dowable of estates held in copar- Estates in cenary, or in common, of which an account will be Coparcegiven under those titles. nary or in Common. 10. It has been stated that a woman is not entitled Reversions to dower out of an estate in remainder or reversion, for Years. after Estates expectant on an estate of freehold; because the ante, c. 2. husband has no seisin. But a woman is dowable of a reversion expectant on a term for years; because the husband is seised of the freehold. $ 15. 11. Thus if a man before his marriage makes a 1 Inst. 32 a. lease for years, reserving rent, his wife will be entitled to a third of the land for her dower; and also to a third of the rent, as incident to the reversion. If no rent be reserved on the lease, then, although the widow may recover a third of the reversion, yet the judgement will be with a cessat executio during the term. In some cases a court of equity will assist the dowress in removing the term; and in others not: of which an account will be given in a subsequent Tit. 12. c. 3. title. of some 12. Where lands are mortgaged for a term of years Equities of only, a woman will be entitled to dower out of the Redemption equity of redemption. But if lands are mortgaged Kinds. in fee, the wife will not be entitled to dower. Vide Tit. 15. c. 3. Hereditaments. 13. A widow is dowable of several incorporeal Incorporeal hereditaments; such as advowsons, tithes, commons, offices, franchises, and rents; as will be shewn under those respective titles. 14. There are some cases where a widow has a Where a Widow has an Election. right of election, as to the property out of which she is dowable. Thus if the husband exchanges his 1 Inst. 31 b. lands for others, his widow shall have her election to What Things are not liable to Dower. Estates in Jointtenancy. Tit. 18. Estates not of Inheri tance. Bates v. Tit. 32. c. 23, Tit. 16. c. 6. 1 Inst. 31 b. be endowed, either of the lands given, or of those taken, in exchange; because her husband was seised of both during the coverture. There are some other cases where the widow ha a right of election, which will be stated hereafter. 15. Having enumerated the different kinds of pro perty which are liable to dower, I shall now examine what things are not subject to this claim. 16. Estates held with others in joint-tenancy are not subject to dower, the reason of which will be given in that title. 17. An estate in dower is a continuation of the husband's estate, and is therefore only incident to estates of inheritance, not to estates which the hus band has for life. It is not only necessary that the husband should have an estate of inheritance, to entitle his wife to dower; but the estate must be simul et semel in him. 18. A widow is not dowable of a wrongful estate. So that if a tenant in tail discontinues in fee, afterwards marries, disseises the discontinuee, and dies seised; his wife shall not have dower; because the Tit. 29. c. 1. issue is remitted to the antient entail, and the estate which the husband had during the coverture was wrongful. Idem. 19. So where a man having title to lands, enters and disseises the tenant, and dies seised, and his heir enters; by which he is remitted to the antient right; the widow of the disseisor is not entitled to dower, because her husband's estate was wrongful. Lands as20. A widow is not dowable of lands assigned to signed for another woman in dower. Thus, if the ancestor of Dower. 1 Inst. 31 a. a married man dies, and he endows the widow of such 4 Rep. 122 a. ancestor of one-third of the lands which descended to him, and dies; his widow will only be entitled to |