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Legal Definitions - dowment

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Definition of dowment

Definition: Dowment is also known as dower. It refers to a wife's right, according to common law, to a life estate in one-third of the land that her husband owned in fee after his death. This means that the wife has the right to use and enjoy the land for the rest of her life, but she cannot sell or transfer it to anyone else. In most cases, the husband cannot deprive his wife of dower by transferring the land to someone else during his lifetime. However, some states have abolished dower, while others have expanded the wife's share to a life estate in all the land that her husband owned in fee.

Example: For instance, if John owned a farm in fee and died, his wife Mary would have the right to a life estate in one-third of the farm's land. This means that Mary could use and enjoy that portion of the land for the rest of her life, but she could not sell or transfer it to anyone else. If John had sold the farm to someone else during his lifetime, Mary would still have the right to her dower interest in the land.

Explanation: This example illustrates how dower works in practice. It shows that even if the husband sells the land to someone else, the wife still has the right to her dower interest in the land. This protects the wife's interests and ensures that she has a place to live and support herself after her husband's death.

If we desire respect for the law, we must first make the law respectable.

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Simple Definition

A dowment is a legal term that refers to a wife's right to a portion of her husband's land after his death. In the past, this was usually one-third of the land that he owned. Even if the husband sold or gave away the land during his lifetime, the wife still had the right to her portion. Nowadays, many states have abolished dower, but some still allow the wife to have a life estate in all the land that her husband owned.

The life of the law has not been logic; it has been experience.

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