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Dower - Law Dictionary Search Results

Home Dictionary Name: dower

Dower

Dower [fr. dos, dotis, Lat., a marriage gift; dotare dower, Fr., endow, to furnish with a marriage portion. Dotarium, M. Lat., dotaire, Prov.; douaire, Fr.; a dowry of marriage provision; douairiere, a widow in possession of her portion, a dowager], the right which a wife has in the third part of the lands and tenements of which her husband dies possessed in fee-simple, fee-tail general, or as heir in special tail, which she holds from and after his decease, in severalty by metes and bounds, for her life, whether she have issue by her husband or not, and of what age soever she may be at her husband's decease, provided she be past the age of nine years.The legal estate in dower (being an estate for life) has been abolished and converted into an equitable interest (ibid.), (English) L.P. Act, 1925, s. 1; it can only arise in respect of deaths after 1925 in case the deceased husband was a lunatic or defective on January 1st, 1925, and died without regaining testamentary capacity or before...


Mahr (dower)

Mahr (dower), Mahr (dower) is neither dowry nor price for marriage: As explained in an old judgment by Justice Syed Mahmood, maher is 'not the exchange or consideration given by the man to the woman, but an effect of the contract imposed by law on the husband as a token of respect for its subject: the Woman'. Giving a correct appraisal of the concept of maher, the Privy Council once described it as 'an essential incident to the status of marriage'. On another occasion it explained that maher was a 'legal responsibility' of the husband. These judicial observations evidence a correct understanding of the Islamic legal concept of maher. Its substitute, a valid retirement, or by death, which by terminating the marriage, puts an end to all the contingencies to which it is exposed; and on the other hand the woman becomes entitled to it as soon as she has surrendered her person. Justice Mahmood has described the nature of mahr in Abdul Kadir Salima. According to him: Dower (mahr), under the M...


Assignment of dower

Assignment of dower, the ascertaining and setting out by metes and bounds of a widow's portion of her deceased husband's realty for her thirds or dower. As to the rights of the widow until 1926, see Williams v. Thomas, (1909) 1 Ch 713, and as to the widow's rights where dower has been assigned by metes and bounds, see (English) Settled Land Act, 1925, ss. 1(1)(3) and 19(1). Dower in respect of the real estate of persons dying after 1925 has been abolished, see s. 45 of the (English) A. E. Act, 1925. See DOWER....


Ad ostium ecclesi', Dower

Ad ostium ecclesi', Dower. Where a tenant in fee-simple of full age, openly 'at the door of the church' (where all marriages were formerly celebrated) after affiance made and troth plighted between them, endowed his wife with the whole or such quantity of his land as he pleased, specifying and ascertaining the same, the wife, after her husband's death, might have entered without further ceremony. Abolished by the (English) Dower Act, 1833 (3 & 4 Will. 4, c. 105, s. 13)....


Dower unde nihil habet, writ of

Dower unde nihil habet, writ of, the remedy for a widow to whom no dower had been assigned within the time limited by law, 3 Bl. Com. 183. Abolished by (English) C.L.P. Act, 1860, s. 26....


Dower, writ of right of

Dower, writ of right of, the remedy for a widow who had been deforced of part of her dower. Abolished by (English) C.L.P. Act, 1860, s. 26....


dower

dower [Anglo-French, from Old French douaire, modification of Medieval Latin dotarium, from Latin dot- dos gift, dowry] : the life estate in a man's real property to which his wife is entitled upon his death under common law and some state statutes compare curtesy, elective share ...


Dowered

Furnished with or as with dower or a marriage portion...


De la plus belle, Dower

De la plus belle, Dower, where a wife was endowed with the fairest part of her husband's estate. Being a consequence of the tenure by knight's service, it was virtually abolished by the statute 12 Car. 2, c. 24, which converted those tenures into socage...


Ostium ecclesi', Dower ad

Ostium ecclesi', Dower ad. See AD OSTIUM ECCLESI'....


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